M.H. Beg, J. - (1.) There are three appeals before me one by Babu Lal who has been convicted underSub-section399 and 402. Penal Code and sentenced to four years rigorous imprisonment concurrently under each of the two sections and another by Hardas and Bansi, and a third by Brij Lal who have been convicted similarly and sentenced to four years' rigorous imprisonment underSub-section399 and 402, Penal Code and also to 18 months' rigorous imprisonment concurrently under Section 19 (f), Arms Act by an Additional Sessions Judge of Jhansi.
(2.) It is alleged that the appellants were among the persons who had assembled at a Nala near village Mahroni Khurd having prepared themselves to commit a dacoity at the house of Pandit Gajadhar in village Gangasagar which lay at a distance of about two miles from the place of assemblage. Dhira (P. W. 1) was also invited to join this assembly, but he went to the police station and passed on the in formation to Bhagwati Singh (P. W. 8), Sub-Inspector of Police who organised a raid by a number of persons who surprised the assemblage of alleged dacoits at about 11 P.M. on the night between 28th and 29th March 1962. The four appellants were among the five accused persons who were captured on the spot. It is alleged that two members of the assembly escaped. The three appellants, Brij Lal and Bansi and Har Das, were also found in possession of the alleged unlicensed fire arms and ammunition.
(3.) The accused persons denied their participation in any such assembly and also their alleged arrest at the place in question. Babu Lal pleaded that he was arrested in front of police station Kot wali at Lalitpur at 10 P.M. on 28-3-1962 while he was returning home after attending the Court of a Magistrate at Jhansi. He produced his wife Srimati Kamla (P. W. 1) to substantiate his defence. This woman proved that she made some application on 30-3-1962, by registered post alleging her husband's arrest on 28-3-1962. The learned Sessions Judge rejected this defence as he thought that the application was sent by registered post on 30-3-1962 with a back date shown untruthfully. The tact that no application was sent before 30-3-62 and also the fact that the alleged presence of this accused in the court of a Magistrate on 28-3-1962 could have been proved by some documentary evidence from the court itself and not by the mere statement of his wife, who has given no reason why she went to court of a Magistrate with her husband, show that the learned Sessions Judge was right in rejecting the defence of the appellant Babu Lal. The appellant Brij Lal alleged that he had been arrested on 29-3-62 from village Bansi where be had gone after attending the court of a Magistrate. He too produced no evidence from any court and he examined no defence witness at all. The appellants Bansi and Har Das alleged that they had been arrested from their houses. But they also offered no evidence to substantiate their allegations. The learned Sessions' Judge was there fore, right in rejecting the various defences set up by the appellants.;