RAM RAIS Vs. STATE OF U P

JUDGEMENT

(1.) Appellant Ram Rais was tried by 4th Additional Session's Judge, Meerut in S.T. No. 540 of 1978 (State Vs. Ram Rais) for charge under section 395 I.P.C. and was convicted therefor and was sentenced to undergo four years RI for the said offence vide impugned judgment and order dated 13.6.1980. Hence this appeal.

(2.) In nutshell, prosecution allegations were that on the intervening night between 16/17.1.1978 in between 2 to 3 A.M., appellant along with six or seven other associate dacoits had committed dacoity in the house of Malak Dad (P.W. 2), Tauseef (P.W. 3), Nasir (P.W. 4) and Ferozmand (P.W. 6). FIR regarding the incident was lodged same day at 1.40 P.M. measuring a distance of five miles from the place of the incident. Dacoits were identified in the torch light flashed by the witnesses.

(3.) Registration of crime and undertaken investigation resulted in charge sheeting the appellant only as he was put up for trial. Identity of rest of the accused, though was known, but they were never put up for trial. During course of the investigation, complicity of the appellant had surfaced on 13/14.2.1978 and he was arrested by Ram Swarup Sharma (P.W. 5) Inspector In-charge. As noted above, since trial Judge found the prosecution version against the appellant credible, confidence inspiring, therefore, convicted him for offence under section 395 I.P.C. and sentenced him to four years RI. Hence this appeal.