POSHAKI Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by two persons, Poshaki who has been convicted under Section 395, I. P. C. and sentenced to six years' R. I. and Azimullah who has been convicted under Section 412, I. P. C and sentenced to three years' R. I.

(2.) THE facts which give rise to this appeal, briefly stated, are as follows: On the night between 8th and 9th August 1949 near about midnight a dacoity was committed in the house of one rewaram by 14 or 15 persons. Rewaram's house is situate in village Gahlol within the police station, Sahaswan in the district of Budaun. A first information report was made on the morning of the 9th at 11-30 by Rewaram himself. The police station where the report was made was four miles from village Gahlol. In this first information report Rewaram gave no names because he was unable to identify anyone, taking part in this dacoity, as having been known to him from before. Rewaram also gave the details of the property which had been taken away from his house. From the list it appears that the bulk of the looted property consisted of clothes and some ornaments. A sum. of Rs. 600/-, in ten and five rupee notes, was also alleged to have been looted.

(3.) AS a consequence of the information received by the police of the dacoity at Rewaram's house investigation followed and ultimately six accused persons stood their trial before the learned sessions Judge of Budaun. The learned Judge after a consideration of the evidence, adduced in the case, acquitted four out of the six accused before him, and convicted the two appellants in the manner indicated earlier. The two appellants before me were arrested on 13-8-1949 from their residential village of Barni which is not far from village Gahlol--the scene of the dacoity.