HARNATH SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is an appeal by Special Leave from the judgment and order of the Madhya Pradesh High Court, Gwalior Bench on April 24, 1965 in Criminal Appeal No. 55 of 1964. The said appeal was heard and disposed of along with two other appeals Nos. 44 and 45 of 1964. The appellant before us, Harnath Singh was the appellant in Appeal No. 55 of 1964 while Narayan Singh and Chhotelal were the appellants in the other two appeals. Narayan Singh and Harnath Singh were convicted by the Additional Sessions Judge, Morena, under Section 395 of the Indian Penal Code while Chhotelal was convicted in the same trial under Section 395 read with S. 75 of the Indian Penal Code.

(2.) The prosecution case was as follows. There was a dacoity at the house of one Dhudilal in village Chhota Khada on the night of December 10, 1962 in which the inmates of the house were beaten and property, to wit, Rs. 350 in currency notes, some silver ornaments etc., belonging to one Raghunath were taken away by the decoits from the said house. Ramkumar (page No. W. 1) raised an alarm which brought the neighbours on the scene and one of the dacoits, Chhotelal, was caught on the spot and handed over to the Police. The first information report was lodged by Dhudilal at about 9 a.m. on the following morning. During investigation Rs. 335 in currency notes besides some silver articles and small change were found on the person of Chhotelal. Some articles were also produced by Narayan Singh on December 12, 1962. On the same day, on a personal search of the appellant, Harnath Singh, four George V Silver rupee coins one Victoria silver rupee coin, one silver half-rupee coin and old square coin with vermilion on them were found and seized. On December 24, 1962 there were test identification parades of the accused and all the appellants were identified by some of the eye-witnesses. The appellant, Harnath Singh,was identified by Ramkumar (page No. W. 1). Panabai (page No. W. 13), and Hari Shankar (page No. W. 15). The Articles seized from the accused were also identified. Chhotelal admitted his presence in the village on the night of the incident and the seizure of Rs. 335 from his person but claimed them as his own. He denied the seizure of the other articles from his possession. Narayan Singh denied the recovery of any articles from his house while the appellant. Harnath Singh, admitted the seizure of five rupee coins and the square coin from his person but claimed them as his own.

(3.) The Sessions Judge found all the accused guilty and sentenced them as stated.