Kuber Nath Srivastava, J. - (1.) This is an appeal against the judgment and order passed by Sri P.N. Goel, Addl. Sessions Judge, Etawah convicting Ram Lakhan, Babu Ram and Raja Ram Appellants under two counts of Sec. 395 IPC and sentencing each of them to eight years' RI under each count.
(2.) The facts of the case giving rise to this appeal are as follows: In the night between 12th and 13th October, 1966 dacoities were committed at the houses of Kali Charan, Lajja Ram and Kalka Ram. All these three persons were residents of village Indrosi police station Bakewar district Etawah. The dacoits were 12 or 13 in number and were armed with fire arms. They entered the house of Kali Charan. They assaulted Kali Charan, Shrimati Ramshri, Rajendra Prasad and Lajja Ram. During the course of the dacoity at the house of Kali Charan, they also committed dacoities at the houses of Lajja Ram and Kalka Ram. All these three dacoities were committed during the course of the same transaction. A lantern was burning in the verandah of Kali Charan. Another lantern was burning in the chapper of Itwari Lal. On the alarm raised by victims of the dacoities, certain witnesses reached there. Some of them had torches and they flashed their torches during the course of the dacoity. Hukum Singh (PW 7) set fire to a heap of Toni at the Chabutra of Sheo Narain which caused much light. In the above light some of the dacoits who were known to the witnesses from before the occurrence were recognised. The faces and features of the other dacoits were also recognised. After committing the dacoities, the dacoits ran away.
(3.) A report of the occurrence was lodged by Kali Charan at police station Bakewar next day at 6.20 a.m. In this report, four dacoits were named. On the basis of this report, the police registered a case Under Sec. 395 read with Sec. 397 IPC against the four named persons and ten or eleven unknown dacoits.;