K.S.SIDHU, J. - (1.) THIS judgment will deal with the five appeals, listed above, by the appellants, namely, Gaya Prasad, Ram Gopal, Salka, Ganeshi and Raja alias Rajendra, which have arisen out of the same trial and judgment and can, therefore, be conveniently be dealt with together.
(2.) BY his judgment dated August 3, 1977, the learned Additional Sessions Judge, Dholpur, has convicted and sentenced the appellants as under, - (1) Gaya Prasad to rigorous imprisonment for 5 years and a fine of Rs. 1,000/, or, in default, further rigorous imprisonment for six months under Section 395 I.P.C. (2) Ram Gopal to rigorous imprisonment for 7 years and a fine of Rs. 1,000/ -, or, in default, further rigorous imprisonment for six months under Section 397 I.P.C.; (3) Salka to rigorous imprisonment for 5 years and a fine of Rs. 1,000/ -, or. in default, further rigorous imprisonment for six months under Section 395 I.P.C.; (4) Ganeshi to rigorous imprisonment for 7 years and a fine of Rs. 1,000/ -, or, in default, further rigorous imprisonment for six months under Section 397 I.P.C.; and (5) Raja alias Rajendra to rigorous imprisonment for 7 years and a fine of Rs. 1,000/ -, or, in default, further rigorous imprisonment for six months under Section 397 I.P.C. The case of the prosecution, which resulted in the conviction and sentence of the five appellants as for mentioned, is that on March 8, 1976, at about 7 or 7.30 p.m. they along with a five others, armed with guns and clubs, committed dacoity in the house of Kedar Nath PW 10 and removed ornaments worn by the women folk and decamped with those ornaments. The first information report in this case was lodged at the instance of Murari PW 16, grand -son of Kedar Nath, aforementioned. It is alleged that Murari or for that matter any other member of the household of Kedar Nath, did not go to the police to report the occurrence to them. What happened was that complainant Murari, who had sustained injuries at the hands of the dacoits had been admitted to the Civil Hospital, Bari. On receipt of information regarding his injuries and admission in the hospital, Sub Inspector Man Singh went to the hospital and recorded his statement Ex P. 12, on 9 -3 -1976 at about 6 -15 a.m. in the morning The statement was forwarded to the police station. The first information report was registered on its basis. Complainant Murari mentioned in his statement that on March 8, 1976, at about 7.30 p m, when the bandits raided their house, his grand -father Kedar Nath along with Shyam Lal, Babulal and DataRam were sitting outside their house. On seeing the culprits, Shyamlal and Dataram ran a way Kedarnath and Babulal rushed inside the house and tried to close the doors against the culprits. They, however, pushed open the doors and effected their entry into it. They broke the petromax lamp which was burning there in the house at that time. They then caused injuries to Babulal, Kedarnath and the complainant Murari. They robbed the women fold of their ornaments. While leaving the house, they fired a gun shot hitting Mohan Singh PW 12.
(3.) NO description of the culprits was given in the first information report. The police could not, therefore effect any arrest in this case for a long time.;