V.P.Mathur - (1.) THESE two appeals arises out of the same judgment passed in S. T. no. 357 of 1983. by Sri Gaya Prasad, the then Vth Additional Sessions Judge, Mirzapur, on 23-4-84. All the appellants have been convicted under section 395, IPC and sentenced (to five years' rigorous imprisonment each. Feeling aggrieved, they have come upto this court through these two appeals.
(2.) IT is said that a dacoity took place at the house of the complainant, Mishri Lal, in village Katran, Police Station Kotwali Dehat. Mirzapur in the night between 12th and 13th of September, 1983 sometime after mid-night. 10 12 dacoits took part in this dacoity. A written report of this occurrence was lodged at the police station, which is four miles from the scene of occurrence, on 12-9-83 at .05 a. m. No body has been named in the FIR. All the accused were arrested subsequently on different dates and they were put up for identifi- identification and on the basis of the identification evidence they were charged, tried and convicted and sentenced as mentioned above. There can be no dispute as regards the dacoity at the house of Mishri Lal complainant in the night in question. The allegations of the FIR are that the dacoits broke open boxes and looted the ornaments, cash and other articles and ran away with the booty They also resorted to firing as a result of which injuries were sustained by Kamta and one Smt.Shant Devi, wife of Chaukidar Ram Lakhan. The Investigating Officer, who inspected the scene of occurrence soon after the occurrence on 13-9-83, and found three boxes in the house with broken Kundas and the contents rifled. He also found blood stains on the roof of the house. Blood stain samples were taken from out side the bouse towards east north. Towards north is a well and from north west of this well one broken country made pistol was also recovered. There were also 7 pieces of a bomb with pellets and nails which were recovered on the spot. The fact of injuries to Kamta and Smt.Shanti Devi has been established satisfactorily beyond doubt. From all these facts the factum of dacoity is established. Even the defence does not dispute it. The question remains as to how far the implication of the appellants in this case is made out. It may be mentioned here that the prosecution story is that Shyam Lal, Akram, Kaloo Narayan and Bathey, appellants of criminal appeal no. 1218 of 1984, were arrested in the night between 13th and 14th of September, 1983, at about 12.30 after mid night under sections 399/402, IPC on the out skirts of village Adhpera and Kakraha from near Gomti Chnuraha where they are said to be sitting under a Bargad tree making preparation for committing dacoity They were put under cover, brought to the Thana and lodged there. Thereafter from Havalat they were sent to Jail at 9.10 a. m. on 14-9-83, but for one reasons or the other there was some dealy in getting the necessary papers from the Magistrate concerned and they could not be admitted to Jail on that date. Actually on 15-9-83 at 6.15 a. m. they were admitted to District Jail and during previous night they were detained at Police Station, Katra.
(3.) SO far as Lallan is concerned he was arrested on 21/22-10-83 at mid night with some others, under sections 399/402 IPC from village Samariya, Police Station Pannoo Gam, put under cover and brought to the Police Station at 4.00 a. m. and then the same day was sent to jail. Similarly, Lachhman was also arrested in the case under section 399/402 IPC from a temple which lies within the area of police out post Churk. He was also put under cover, brought to the Thana and lodged there in lockup on 6-11-83 at 2.15 a. m. and then was sent to Jail.;