RAJ NARAIN Vs. STATE

JUDGEMENT

(1.) As many as sixteen persons were put on their trial on a charge of dacoity before the learned Sessions Judge of Rae Bareli. The trial resulted in the acquittal of nine. The remaining seven have preferred appeals to this Court. Every one of them has been sentenced to undergo five years' rigorous imprisonment. Three of the appellants, viz., Raj Narain, Durga Din and Gaya Singh are represented by Mr. Chatterji, Bhagwan is re-presented by Mr. Kalbe Mustafa and the remaining three have preferred jail appeals.

(2.) The prosecution case is that all the seven appellants together with their nine companions, who have been acquitted, committed no less than eight dacoities in the night between 18/19-12-1950, in village Pure Sheo Ghulam, which is a hamlet of village Dubhan, within police circle Salon in the District of Rae Bareli. These dacoities were com-mitted in eight different houses situate in the aforesaid hamlet.

(3.) Mr. Chatterji has placed in the forefront of his arguments the contention that there was a serious misjoinder of charges in this trial and that his clients were greatly prejudiced by the admission of evidence relating to no less than eight different dacoities. He contends that on this ground alone the convictions cannot stand.