SAKTU Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Eleven persons were tried by the learned Assistant Sessions Judge, Bahraich for offences under Sections 395, 397 and 412 of the Indian Penal Code. The learned Judge acquitted accused No. 10 but convicted the others. Accused Nos. 6 and 7 were convicted under Section 395 and were sentenced to suffer rigorous imprisonment for 7 years. In appeal the High Court of Allahabad upheld the conviction of accused Nos. 1, 6 and 7 only. This appeal by special leave is filed by accused Nos. 6 and 7 against that judgment.

(2.) The incident out of which the prosecution arises happened on the night between the 25th and 26th March, 1965 in the village of Vaibahi District Bahraich. The complainant, Jwala Prasad, heard some noise at about mid-night and no sooner did he come out of his house than was he overpowered by 4 dacoits. Fifteen or sixteen persons thereafter entered Jwala Prasad's house and looted his property. The neighbours of Jwala Prasad went to his house on hearing the commotion and one of them set fire to a heap of dry straw so as to facilitate identification of the dacoits. The First Information Report was lodged by Jwala Prasad at the Kharighat police station at about 10 a.m. on the 26th.

(3.) That a dacoity took place in the house of Jwala Prasad on the night between the 25th and 26th March, 1965, was never disputed and is not in dispute before us. Learned counsel appearing on behalf of the appellants, however, contends that the High Court was in error in making a distinction between the case of the appellants on the one hand and of those others who were acquitted by it. We cannot accept this contention because the High Court acquitted the other accused on the ground that there was enmity between the complainant and those accused. One could not exclude the possibility that those accused were implicated due to enmity. As between Jwala Prasad and the appellants there was no enmity whatsoever and therefore Jwala Prasad had no reason to implicate them falsely.