JALIL Vs. STATE OF U P

JUDGEMENT

(1.) -This appeal has been directed against the judgment and order dated 4.10.1980 passed by IIIrd Additional Sessions Judge, Pilibhit in Sessions Trial No. 74 of 1980, convicting the appellant under Section 395, read with Section 397, I.P.C. and sentencing him to undergo R.I. for a period of 7 years.

(2.) THE prosecution story, briefly stated, was that on the night of 20/21.4.1979 at bout 11 p.m. dacoits raided the house of Roop Lal situate at village Mangatpur hamlet of village Jaarkalia and started committing dacoity. Mansa Ram (P.W. 1) heard the cries and rushed to the house of Roop Lal. He observed that dacoits were committing dacoity inside the house of Roop Lal. A lighted lantern was emitting light in the house of Roop Lal. Prem Raj set fire in the heap of sugarcane leaves towards north of house of Roop Lal, which emitted sufficient light. He recognised the faces of dacoits in the said light. Besides committing dacoity in the house of Roop Lal, the dacoits also committed dacoity in the houses of Ram Prasad and Devi Ram (P.W. 3) at village Bhura. Dacoits caught hold Devi Ram (P.W. 3), caused injuries to him and looted his household properties. THE faces of dacoits were recognised in the flame of burning sugarcane leaves. Tota Ram (P.W. 2) and Pothi Ram (P.W. 4) also rushed to the spot, observed the occurrence and recognized faces of dacoits.

(3.) ON 23.4.1979, the Investi-gating Officer apprehended appel-lant Jalil near river Ameri at about 4.30 p.m. He was suspected accused of the dacoity in question and, therefore, was made baparda on the spot, was brought to police station in baparda condition and was kept in the lock up at 7.50 p.m., vide G.D. report (Ext. Ka-3). The appellant was sent to jail baparda. His identification parade was conducted on 5.5.1979 in the District Jail, Pilibhit by Sri Raja Ram, Executive Magistrate (P.W. 5). The appellant Jalil was correctly identified by Devi Ram (P.W. 3), Pothi Ram (P.W. 4), Prem Raj, Khusali, Mohan Lal, Makhan Lal, Smt. Premwati and Pyare Lal. The Magistrate prepared identification memo (Ext. Ka-2).