S.I. Jafri, J. - (1.) SITA and Hira Lal appellants have filed this appeal against their conviction and sentence of 8 years R. I, recorded by Sri R. S. Misra Sessions Judge, Lalitpur by his judgment and order dated 10-3-1979 in S. T. Nos.28 and 30 of 1978.
(2.) THE case of the prosecution is that; a dacoity was committed at the house of complainant Narain Das in village Chauraoni P. S. Talbehat, District Lalitpur in the night of intervening 19/20 December, 1977 by 6 dacoits and out of them two were armed with guns. THE complainant and his family members were sleeping inside the house and a lantern was burning in the Atari of his house where the complainant was sleeping. On hearing the alarm raised by the ladies of the house aswell as the complainant's brothers, the complainant went to the roof with a torch in his hand. He found 6 dacoits and two of them were armed with guns and they were firing with the intention of scaring away the villagers and on an alarm raised by the complainant and his family members, number of villagers including Ram Dayal, Bindraban, Sukka, Gilla and Lallu were attracted to the scene of occurrence and the dacoits inflicted injuries on the inmates of the house. THE dacoits had plundered the house. THE complainant was also assaulted by the dacoits with Kulahri, when he tried to apprehend them. THE dacoits continued plundering the house for about one and half hours. THE dacoits made good their escape, with the looted properly. It was alleged that dacoits were seen in the light of lantern by the inmates of the house and the villagers who were collected near the scene of occurrence. The complainant lodged a report at the Police Station at 8.30 A. M. on 20-12-78 and a case under Section 395/397 IPC was registered in the General Diary of the Police Station Thereafter Mohd. Aslam PW 16 took the investigation of the case into his hand. He went to the village and recorded the statement of the witnesses. He also prepared the site plan of the occurrence. During the investigation, the appellant Sita was arrested on 13-3-1978 by M. L. Bhodi and he was sent to jail thereafter in baparda condition. Hira Lal appellant was arrested by Radhey Shyam Saraswat PW 20 on 26-3-1978 and he was sent to the court on 26-3-1978 baparda. The identification of the accused Hira Lal. was held in the District Jail on 11-4-1978 by Vijai Bahadur Nigam PW 12, Magistrate First Class, Lalitpur and he was correctly identified by Narain Das PW 1, Ram Dayal PW 2 and Bindraban PW 3. Sita appellant was put to identification proceeding in the jail on 28-4-1978, inside the jail conducted by Vijai Bahadur Nigam PW 12 Magistrate First Class. Sita Appellant was correctly identified by Narain Das PW 1 Ram Dayal PW 2 and Bindraban PW 3.
(3.) AFTER completing the investigation Mohd. Aslam PW 16 submitted the charge sheet against the appellants. The accused pleaded not guilty to the charge and stated that they have been falsely implicated in the case on account of enmity.;