V.K.Mehrotra - (1.) BOTH these appeals arise out of the judgement dated February 8, 1979 of the IV Additional Sessions Judge, Aligarh in sessions trial no. 341 of 1977.
(2.) ON the night between September 20 and 21, 1976 a dacoity was committed at the house of Babu Lal son of Bhupal Singh of village Kalupur Imloth lying within the jurisdiction of Police Station Jawan in district Aligarh. A large number of persons are said to have committed this dacoity which they are said to have caused injuries to some of the inmates of the house and have carried away some properties. The village where the dacoity took place is at a distance of about 5 miles from police station Jawan where a report about the dacoity was lodged at 6.20 p. m. on September 21, 1976 by PW 1 Babu Lal. In this report he mentioned that Ram Lal, Soran, Jai Singh of his village appellants in Criminal Appeal No. 616 of 1979 were amongst the dacoits, In regard to the others, it was mentioned that they could be recognised by him if seen later. The names of various persons of the village, including those of PW :5 Kunwar Pal and PW 6 Shiv Charan, were mentioned amongst those who had arrived at the scene and had witnessed the commission of the dacoity. Sub-Inspector Tej Pal Sharrma (PW 8), who has investigated the case, arrested appellants Ram Lal and Soran on September 22, 1976. It is said that during their interrogation he learnt about the complicity of Sheodan who is appellant in Criminal Appeal No. 1273 of 1979. Sheodan was arrested by the Investigating Officer on September 25, 1976 at about 9.00 p. m. and made baparda. He was eventually lodged in the District Jail, Aligarh on September 26, 1976. During this period, according to the prosecution, he was through out under cover and no one had any opportunity of seeing him.
(3.) PW 10 Sri B. P. Mathur was Executive Magistrate at Aligarh on Notember 18, 1976. On that date he conducted the test indentification proceeding in respect of Sheodan in the District Jail, Aligarh. Sheodan was put up for indentification along with ten similar under trials and with due precautions. He was correctly indentifled by ten persons which included PW 1 Babu Lal, PW 4 Kaliyan Singh, PW 5 Kunwar Pal and PW 6 Sheo Charan. Other six persons who correctly identified him, namely, Bhudeo, Ram Chandra, Makkhan Singh, Chhatra Pal, Doji Ram and Siya Ram have, however, not been produced as witnesses in the case. None of these ten persons committed any mistake. At the trial, the prosecution examined a large number of witnesses in support of its case Four of them, namely, Babu Lal, Kaliyan Singh, Kunwar Pal and Sheo Charan gave eye witness account of the occurrence and also identified appellant Sheodan as one of the decocts. They named the three appellants in criminal appeal No. 616 of 1979 as participants in the dacoity. Relying upon the evidence so produced, the trial Judge convicted these four persons under section 395 IPC and sentenced them each to a term of seven years' rigorous imprisonment. Aggrieved, all the four persons have come up to this Court by way of these appeals.;