PEMYA Vs. STATE

JUDGEMENT

(1.) These two appeals arise out of the judgment and order of conviction and sentence dated 20-8-197? passed by the learned Sessions Judge, Bidar in SC.52 of 1976 on his file convicting the accused fr an offence punihable under Sec.395 IPC and sentencing each of them to undergo RI for three years. The appellants were original accused Nos.1, 4, 5, 6 and 10. Crl.App.375 of 1977 is instituted by accused Nos.1, 4, 6 and 10; whereas Crl.App.24 of 1978 is instituted by original accused No.5.

(2.) The relevant facts leading up to the present appeals are these : It is the case of the prosecution that ten accused persons including the present appellants committed dacoity about 6-30 P.M. on 26-10-76 on the Bhalki-Bhatambra road between Kilometre Stonas Nos.8 and 9 and that they were armed with lathies while conjointly committing dacaity of cash, brass pot, Lingada Kai, wrist watch, umbrella, jowar, etc, in all worth Rs. 1,363 from the persons of PW.17, Bandappa; PW.10, Sharanappa, PW.10 Vaijnath; PW.18 Aziz Miyan; PW.16 Sopan; PW.22 Baswanappa and Eknath and Maqsood by beating them with sticks. Thus the prosecution alleged that accused persons committed an offence punishable under Sec.395 IPC.

(3.) On the fateful evening PW.16 Sopan, PW.19 Abdul Aziz, PW.20 Vajnath had taken their cart as usual to Bhalki. PW.2, Babu Miyan had given Rs.80 to Lhe cartman Aziz to purchase jowar for him. PW.3 Amruthrao who had gaie to Bhalki on that Saturday had purchased one bag of hybrid jowar and he had loaded the, said jowar in the cart of Vaijnath find directed him to take the bag to the village and he had himself travelled by a bus to the village. PW.4 Kondiba had purchased 25 Kgs of jowar at Bhalki and had loaded the bag in the cart of Span with a request that he should deliver the same in his village. He had travelled by bus. PW.9 Masqood Ali had also gone to Bhalki that day as it was a shandy day. He purchased jowar and gave it to the cartman PW-19 Abdul Aziz. These cartmen left Bhalki with the articles to the village Bhatambra at about 5-30 p.m.