SARNAM SINGH Vs. STATE

JUDGEMENT

(1.) This is an appeal by Sarnam, Yudhister and Nairn Singh against their conviction under Section 395 I. P. C. Each of them has been sentenced to 7 years' R. I. for the aforesaid offence.

(2.) According to the prosecution a dacoity was committed in the house of Shahzadey Singh in village Nanday Nagla, hamlet of village Radain, Police Station Kampil, on the night between the 3rd and the 4th of July 1957. It is said that nine or ten dacoits who were variously armed with guns, spears and lathis broke into the house and looted cash and valuables belonging to the complainant. The night was a dark one. When the dacoits raided the house of Shahzadey Singh, he along with his brother Mahendra Singh and Nazir Singh was sleeping at his chaupal in front of the door of the house. He heard the sound of someone opening the chain of the door whereupon he threw a challenge. Thereupon the miscreants beat him and his brother. Finding an opportunity he ran away from the place and sent a man post-haste to village Tahla for help. Some ten or twelve persons turned up from that village shortly afterwards and fired a shot which scared the dacoits who then left the house together with the booty.

(3.) Shahzadey Singh went to the police station on the morning of the 4th of July 1957 and lodged a report of the occurrence there. It was mentioned therein that at the time of the incident a lantern was burning inside his house and that the dacoits were equipped with torches. It was in the light of the lantern and the torches which were being flashed by the dacoits that he and his brothers were able to identify the dacoits. The Sub-Inspector of Police Station Kampil was not present At the thana. The report of the occurrence was sent to him by the Head Constable and on receipt of the report he immediately started for the spot and reached at about 12 O'clock in the noon. Before Sub-Inspector Babu Ram Singh entered on his investigation the complainant gave him an additional list ot looted property. During the course of the investigation Sarnam Singh appellant was arrested on the 2nd of August 1957 and a gun and an alwan were recovered from his possession. Yudhister and Naim Singh appellants were arrested on the 22nd of August 1957 but nothing incriminating was recovered from their possession. As the dacoits had not been named in the first information report proceedings for the identification of the accused were held in the jail on the 28th of September 1957 by Sri R. N. Sinha, P. W. 1, a Magistrate of the 1st Class. After completing the investigation a charge sheet was filed against the appellants for the above offence.