MAIKOO Vs. STATE

JUDGEMENT

(1.) These are two connected Criminal Appeals arising out of the same case. Maiku is the appellant in Criminal Appeal No. 474 of 1960, while Holi and Sheo Bechan are the appellants in Criminal Appeal No. 507 of 1960. All the three appellants have been convicted under Section 395 I. P. Code and sentenced to ten years' rigorous imprisonment each. Two other accused persons Buddha and Chhedu were also prosecuted in this case, but they were acquitted by the trial court. The appellants are represented by two different counsel.

(2.) Briefly stated the prosecution story is that a dacoity was committed at the house of Munnu Singh, (P. W. 2), a resident of village Rasulpur, police station Khairabad, district Sitapur, on the night between the 3rd and 4th of August, 1959. This dacoity was committed by about 20 to 25 dacoits, who possessed various kinds of arms including fire-arms. In the course of this dacoity Munnu Singh and several of his relations were injured. Munnu Singh himself received gunshot injuries, though not of a serious character. His servant Ajodhya, his daughter-in-law Shrimati Mohini, his son-in-law Inderpal Singh and his son Vishnu Prakash were the other injured persons, who received injuries of a simple character by a blunt weapon. It is claimed that at the time of the dacotiy two laaterns were burning one inside and the other outside the house of Munni Singh and there were torches with the witnesses as well as with the dacoits. It is further claimed that as it was the month of August lightning was flashing repeatedly at the time of the incident. It was in this light that the witnesses succeeded in seeing the features of the dacoits.

(3.) Next morning a report of this incident was lodged by Munnu Singh at police station Khairabad which was four miles away at 9.30 A- M. No names were given and only a meaningless and nauseating description of the dacoits was given in the report which clearly indicates that the report was not the one indicated by Munnu Singh but it was edited by the police scribe who put in the usual formula about the description of the dacoits which is put in in such reports. We do not know how the police traced out this crime. All that we know is that Holi and Sheo Bechan appellants were arrested on the 17th August, 1959 and Maiku was arrested on the 20th of August, 1959. I may mention that the time of arrest is challenged by the defence and I will deal with this point later on. No stolen property was recovered from any of the arrested persons and identification proceedings were held on the 9th of September, 1959. In this parade all the three appellants were identified by more than two witnesses and the case against them rests on this evidence of identification alone. The trial court accepted this evidence of identification and convicted the three appellants.