- (1.)APPELLANT Gulab Singh s/o Laxman Singh is convicted for an offence under section 399 of Indian Penal Code and sentenced to three years rigorous imprisonment and for an offence under section 402 of Indian Penal Code, sentenced to three years rigorous imprisonment. Both the sentences shall run concurrently.
(2.)IT is alleged that appellant alongwith other co -accused was planning to commit a dacoity at the residence of Ramesh Jain. They were apprehended after being surrounded by the police and were arrested. PW 4, Brijesh Singh Kushwaha, Station Officer, Police Station Shadhora has deposed that he has heard one of the accused saying that they have to commit dacoity at the residence of Ramesh Jain. This evidence is not corroborated by any other witnesses. It was a rainy season and the accused were conversing and they were not speaking loudly and none of the accused has fired upon the Police Party. In the absence of corroboration of the fact that the appellant was involved in commission of the dacoity, the offence under section section 399 read with section 402 of Indian Penal Code is not established against appellant. The appellant was not found to be in possession of an unlicensed arm and live cartridges. No weapon is seized from the appellant and appellant is not convicted for an offence under section 25 (1) (b) of the Arms Act.
In the said facts of the case conviction of appellant is set aside and he is acquitted of charges. Appeal succeeds and is allowed. Bail bond and surety of the appellant are discharged.