SHIVAPPA Vs. STATE OF MYSORE

JUDGEMENT

(1.) These are 14 appellants who appeal against their conviction under section 395 of the Indian Penal Code and sentences of 5 years' rigorous imprisonment and fine of Rs. 10000/- passed on them. Originally 20 persons were tried and convicted for the same offence and received a life sentence. 14 alone have appealed to this Court. The incident which took place on July 28, 1962 was theft by dacoity of certain cotton pieces from two carts within the limits of Linsugur Police Station at about 11.30 p.m.

(2.) The facts are that two traders in cloth sent their wares in carts for sale. The cartmen halted after the market was over on the way for food. Thereafter six carts left for Mudgal at about 10 p.m. When the carts reached a Nala called Heri Halla about three miles from Lingsugur at about 11-30 p.m. 20 persons are said to have approached the carts and pelted stones. It was a dark night and the assailants were not identified. It appears that four out of the six carts escaped, but two carts were looted. The police investigated the case and arrested the 20 persons who were accused in the case as being the culprits involved in this incident.

(3.) It is not necessary to go into rest of the case or the evidence on which the case of dacoity was established because dacoity as such is not challenged before us. The accused were convicted on the sole evidence of having in their possession pieces of cloth which were later identified to belong to the traders. Searches took place between July 30, 1962 and August 17 1962. In these searches cloth which was undoubtedly stolen at the time of the dacoity was found in their houses. The High Court and the Court below drew from this the conclusion that the appellants were themselves the dacoits, and convicted them accordingly under S. 395 of the Indian Penal Code and sentenced them to 5 years, rigorous imprisonment and fine of Rs. 100/-.