HIRA Vs. STATE

JUDGEMENT

(1.) HIRA , appellant has been convicted and sentenced under Sec. 395 I. P. C. to undergo R. I. for 7 years.

(2.) IT is undisputed that the dacoity in ques ­tion took place on 5 -3 -1.973at about 8 p.m. in the shop of Sahti, P. W. 2, in village Bagaha, police station Salempur, district Deoria, by a gang of 10 -11 bandits. At that time Meena, P. W. 10, son of Sahti, P. W. 2 was at the shop. Sahti was at his house. One of the dacoits threw a bomb which injured Meena and Mithu. On hearing hue and cry the village people armed with lathis and ballams and having torches turned up. A heap of pual was burnt by one Shyam Behari. The dacoits took to their heels. The village people gave a chase and succeeded in apprehen ­ding 3 dacoits. One of them, however, was taken away by his companions. The other two were badly assaulted by the village people. One of them Pateshwari died. The other one is present appellant. He gave out his name to the village people. Sahti lodged a report of the occurrence at 0.5 hours. The Police Station is 6 miles away.

(3.) THE prosecution examined Sahti, Khub Lal Kamla Yadav, Ram Sukh, Budh Ram, Ramayan and Meena, P. Ws. 2, 3, 5, 7, 8, 9 and 10, to prove its case. Khub Lal stated that no dacoit was arrested on the spot. He was dec ­lared hostile by the prosecution. Kamla Yadav stated that dacoits were arrested. He did not state about the arrest of the third dacoit. Therefore, he was declared hostile. The other 5 prosecution witnesess clearly stated that 2 dacoits were arrested and assaulted, that one of them died and that the other one was the appellant.