- (1.) N. S. Gupta, J. Both these criminal appeals arise out of judgment and order of conviction dated 23-5-80, recorded by Sri V Chandra, the then Vth Addl. Sessions Judge, Saharanpur, convicting the accused appellant Pawan, ROOD Chandra and Chanda under Section 395,i. P. C. and sentencing them to five years R. I. , they are, therefore, disposed of by this common judgment.
(2.) THE prosecution story briefly stated is as follows:- THE complainant Baldeo Raj, P. W. 1 was a cloth vendor, who was carrying on his cloth business at Moradabad. On 16-12-78, he purchased some cloths value at Rs. 2,435, which consisted of lot and blankets from M/s Hansraj, Kishan Lal Cloth Merchant, Shastri Market, Saharanpur. He got into the passenger train from Saharanpur to Moradabad. On intervening night of 16/17-12-78, when the train reached near Chudihara Railway Station, 5-6 bandits entered into the compartment in which the complainant was travelling. THE com plainant Baldeo Raj had kept the bundle of clothes which was purchased by him near seat and slept down thereon. THE bandits assaulted Baldeo Raj by kicks and made him to get up. THEy looted away the bundle of Loi and Blankets which the complainant was carrying by showing pistol to him. THE bandits also looted away a sum of Rs. 90/- in cash from the complainant. When the train reached at railway station Roorkee, Shri Baldeo Raj lodged a written report (Ex. Ka-13) about this occurrence. It appears that the accused appellant Roop Chand was arrested on 26-12-78, by Janak Singh Yadav, S. O. , G. R. P. Luksher on the road going from Laksar to Khanpur. 19 Loi and blankets which were looted away in this case were recovered from his posses sion. Accused appellant Pawan was arrested on 29-11- 78, but nothing incriminating was recovered from his possession. The accused appellant Chanda was arrested on 31-12-78. No looted property was recovered from his possession. However, a country made pistol and two live cartridges were recovered from his possession. Roop Chand informed the Investigating Officer that he had sold 50 Loi to Ali Hasan of Luksar. The said Lois were also recovered from the possession of Ali Hasan. Accused appellant Pawan, Roop Chand and Chandra were put up for iden tification inside the sub-jail Roorkee on 17-1-79. Baldeo Raj, Kishan Lal, Sant Ram and Sant Lal had correctly identified the ac cused appellant Pawan. Accused appellant Roop Chand was correctly identified by Bal deo Raj, Kishan Sant Ram. Accused appel lant Chanda was correctly identified by Bal deo Raj, Kishan Lal but was wrongly iden tified by Sant Ram and Sant Lal. The article recovered from the possession of Roop Chand and Ali Hasan were also put up for identification and were correctly identified by Baldeo Raj and Kishan Lai. The accused appellants were accordingly prosecuted and convicted as aforesaid. Hence the appeal.
(3.) I have heard Sri Anurag Pathak, learned counsel for accused appellants Pawan and Roop Chand, Sri Devendra Dahma, learned counsel for accused appel lant Chanda and Sri VB. Singh, learned A. G. A. for State, considered their conten tions and gone through the facts and cir cumstances of the case. The fact that the complainant Bal deo Raj had purchased certain Loi and Blankets from M/s Hansraj, Kishan Lal Cloth Merchant, Shastri Nagar, Saharanpur on 16-12-78, and that he had boarded the passenger train going to Moradabad on the intervening night of 16/17-12-78, alongwith the purchased articles and that the said ar ticles were looted away by certain bandits from the Railway compartment in which Baldeo Raj, complainant was travelling stands fully proved by the direct evidence of Sri Baldeo Raj P. W. 1. Now the pertinent question which arises before this Court for determination is to see whether the accused appellants facing trial before this Court were responsible for looting the said clothes.;