S.K.Kaul, J. - (1.) APPEAL No. 481 of 1973 has been filed by Tika Ram and Bahadur. It is a represented appeal. APPEAL No. 501 of 1973, has been filed by Mangoo Lal from Jail Since both these appeals are in respect of one transaction and one judgment, there were heard together and shall be disposed by one judgment.
(2.) THE appellants have come in appeal to this court against their sentence and conviction to undergo seven years' R. I. under Section 395, I. P. C. Briefly stated the prosection story is that in between the night of 15/16th February, 1972, fifteen or sixteen dacoits commited dacoity at the houses of Puttu the [complainant, Mangey, Kakrand Dular Karoria and Ram Milan in village Jamalpur, P. S. Pali, District Hardoi. The dacoity was committed for about one hour. A lantern was burning in front of the Khaprail of the house of Puttu. The dacoits were armed with five arms. They were also flashing torches. Puttu had raised an alarm and this had brought to the scene of occurrence several witnesses. Chandra Sen had brought with him a licenced gun. Several witnesses had torches which they were flashing during the commission of the dacoity. Ram Lal had also set fire to a heap of Patel haves which were stored about 12-13 paces towards northwest of the well situate near the Phatak of Puttu's house. On this account the scene of dacoity was sufficiently lighted up. A lantern was burning in the Bar-otha of the house. The features of the dacoits in the abovementioned lights had been clearly noticed. After committing the dacoity and looting the property from the houses of the abovementioned persons the dacoits had managed to make good their escape. Puttu lodged F. I. R. at P. S. Pachdeora on 16th February, 1972, at 8 a. m. Investigation was taken in hand in the usual manner. Tika Ram was arrested on 21st March, 1972, at 4-30 a.m. from his house in village Shahabja-pur. He was made bapurdah. He was was also found to be carrying S. B. B. L. Gun about which he had a licence. His gun his licence book and Peti" containing 11 cartridges were taken possession of. These were sealed and a memo prepared. The Investigating Officer went to village Gularia Nagla and arrested Bahadur from his house at about 7 a.m. He was also made a bapurdah. Mangoo Lal was arrested by constables Brij Pal Singh and Mata Prasad on 24th March, 1972, at 4-30 p.m. from a culvert near village Narainpur. He was made bapurdah. All these three accused in bapurdah condition were brought to the police station and via police station they were entered in the District Jail in bapurdah condition. The identification proceedings of these three accused took place on 14th April, 1972, with all relevant precautions. Tika Ram secured identification of Puttu, Dulor Makran Moti Ram, Lal Chandra Sen. Bahadur was identified by Puttu Karori, Ram Milan Dular, Moti Chandra Sen and Mangey. Mangoo was identified by Karori, Dular Moti Ram Lal and Chandra Sen. It may be noted here that Puttu committed two mistakes and Ram Lal committed one mistake. After receipt of the result of the identification and completing investigation a charge sheet was submitted and on that basis all these three accused were asked to stand their trial under Section 395, I. P. O.
(3.) THE defenceJof these accused was that they had nothing to do with this occurrence. Tika Ram further contended that actually he was arrested on 20th March, 1972. THE Sub-Inspector fired five cartridges from his gun and then took possession of the empty cartridges alongwith the gun. He was also known to the witnesses and he had been shown to the witnesses at the police station. THE defence of Bahadur was that he was shown to the witnesses after his arrest. THE defence of Mangoo Lal further was that he was known to the witnesses and that he had been detained in the police station for one day and one night and during this period he was shown to the witnesses. The learned Sessions Judge on an appraisement of the evidence found that the prosecution case was fully made out and as such he sentenced and convicted the accused as above.;