- (1.) ACCUSED Bharosey, Maiku and Nanhkau have been con victed and sentenced to R. I. for a period of 5 years under Section 395, I. P. C. by III Additional Sessions Judge, Unnao on 17-5-32 for having committed dacoity in the house of one Kallu P. W. 3 on the midnight between 24th/25th December, 1978 at village Hilgi, P. S. Ajgain, district Unnao alongwith 7-8 other dacoits. The First Information Report of this incident was lodged on the next morning at 8. 10 a. m. at P. S. Ajgain naming all the three accused.
(2.) PROSECUTION examined 3 witnesses Ganga Devi, Kallu and Raja Ram P. Ws. 2 to 4 who have sweared to have seen and recognised the accused-appellants in the light of lantern and torches. Learned Sessions Judge believed the aforesaid three witnesses of fact and arrived at the conclusion that the accused have committed the dacoity. He has consequently convicted and sentenced the appellants. They have first aggrieved and came up in appeal before this Court. I have heard learned Counsel for both the parties and gone through the record. The fact that a gang of 10-11 dacoits (sic) dacoity in the house of Kallu P. W. 3 on the night between 24/25th December, 1978 at village Hilgi, P. S. Ajgain district Unnao is proved beyond doubt from the evidence on the record and goes unchallenged before me. The fact that the light of lantern and torches was available to the witnesses is also proved from the evidence and gone unchallenged. It is further proved that over and above the inmates of the house, residents of the village have also witnessed the occurrence and seen the dacoits in the aforesaid light.
(3.) THE crucial question which arises for determination in the appeal is whether the accused-appellants have committed dacoity alongwith others on the aforesaid night in the house of Kallu. The fact that Bharosey and Maiku accused-appellants are brothers of Ratan Lal's wife is proved and goes unchallenged. Ratan Lal is son of Kallu, P. W. 3. It is also proved that the third accused Nanhkau is brother-in-law (gainer of aforesaid three accused-appellant Bharosey and Maiku ). It, there-lore, leaves no room for doubt that the accused-appellants are close and direct relation of victim Kallu.;