BABU RAM MISRA Vs. STATE

JUDGEMENT

(1.) THOUGH the three appeals appear to have a bulky record these can be decided by a short judgment dealing with the vital points argued by the learned counsel for the appellants. Babu Ram Misra has filed Criminal Appeal No. 270 of 1987, Vinod has filed Criminal Appeal No. 325 of 1987 (he has also sent an appeal from Jail numbered as Criminal Appeal No. 593 of 1988) and Sharif Ahmad has filed Criminal Appeal No. 361 of 1987 against the judgment and order of the III Additional Sessions Judge, Bahraich, dated 21-3-1987, in Sessions Trial No. 174 of 1986 convicting and sentencing all the appellants under sections 395/397 IPC to seven years' rigorous imprisonment.

(2.) A dacoity is said to have been committed at the house of one Chhotey Lal in the intervening night of 19/20th October, 1985. Chhotey Lal lodged an FIR. at Police Station Motipur, district Bahraich in the presence of the Station Officer. It was lodged at 9.15 A.M. on 20-10-1985. In order to prove its case the prosecution examined several eye-witnesses.

(3.) SRI Jyotindra Misra, learned A.G.A. appearing for the State has placed reliance on the authority reported in the case of Thanedar Singh v. State of U. P., 1981 ACC. (SOC 3 item no. 5). He further argued that the trial court was right in placing reliance upon the testimony of Ganesh Ram Sharma, the Arresting Officer and, therefore, the identification evidence furnished by the alleged witnesses should be believed. Before adverting to this point, another important fact on record requires mention. Chhotey Lal, the alleged person in whose house the dacoity was committed, named two accused specifically in his deposition and they were Ram Naresh Pandit and Baithoo both were allegedly residents of the village of the informant. The Investigating Officer filed a final report against those two persons. No complaint was filed by Chhotey Lal nor did he make any application before the Trial Judge for invoking the powers under section 319 CrPC. The result, therefore, is that Chhotey Lal to the extent of having named Ram Naresh Pandit and Baithoo as dacoits committing loot at his house, stands discredited by the prosecution itself.