GAJROO Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is a criminal appeal ' filed by Gujroo against the judgment and order dated 1-5-1991, passed by the Special Additional Sessions Judge, Rae Bareli, in S.T. No. 389 of 1990, convicting the accusedappellant, Gajroo, under Section 395, I.P.C. and sentencing him to undergo R.I, for five years.

(2.) The present appellait along with three others, viz. Ramgulli alias Ram Charan, Tulsi and Munnilal, was committed to the Court of Sessions. The co-accused, Tulsi an Munnilal were discharged under Section 22 , Cr, P. C. by the Court of Sessions at the stage of framing charge. The trial, therefore, took place against the present appellant, Gajroo and the other Ramgulli alias Ram Charan. The second accused Ramgulli alias Ram Charan was however, not found guilty to the charge under Section 395 / 397, I.P.C, and was accordingly acquitted.

(3.) The prosecution story, in brief, is that in the night between 20/21-6-1990 at about 1.00a.m., in villages Nakdaiyapur, Kashimpur and saray Sukh Mangal a dacoity took place in the same transaction. There were 12/13 dacoits in the dacoity, one of whom was armed with a country made pistol and remaining with lathis. According to the prosecution story as disclosed in the First Information Report lodged by informent Ram Prasad, son of Mahroo Pasi, residnet of village Nakdaiyapur, the dacoit armed with country made pistol was identified as Jai Prakash alias Sohan Lal Pasi of informant's village Nakdaiyapur. A written report of this occurrence, which is Ex. Ka-2 on record and which was scribed by one Ram Naresh Tripathi, Pradhan, on the dictation of informant Ram Prasad, was lodged with the police of police station Jais on 21-6-1990 at 8. 15 a. m. on the basis of which a case under Section 395/397 of the Indian Penal Code was registered against one named accused and 12/13 unnamed miscreants. The prosecution allegation is that the dacoits had looted wearing ornaments of ladies and had inflicted. injuries to them. Smt. Nanka, Ram Nath, Raghu Nath, Visram, Sarjoo Dei and Barka alias Jhumman wife of Ram Prasad and two more injured were got medically examined and injury reports were obtained, which are Exts. Ka-6 to Ka-11 on record. It is also alleged that it was on 30-6-1990 at about 10.30p.m. that Sub-Inspector Kashi Ram Gupta Posted at Police Station Bachhrawan, on the basis of information happened to arrest 8 miscreants, who had collected and had. made preparation for committing dacoity. The present accused Gajroo and Ram Gulli alias Ram Charan were among them. Information regarding their arrest was given to other Police Stations through Police Control Room including Police Station Jais, whereupon the present two accused persons along with others, who were kept. Bapardah were subjected to test identification in connection with dacoity of the present case. This test identification parade was held in the District Jail, Rae Bareli on 7-8-1990, which was conducted by Special Magistrate Sri Ganga Bux Singh. During this identification parade 10 suspects including present two accused persons were subjected to test identification proceeding by 10 witnesses. A memo of test identification parade prepared in this connection is Ex. Ka-3 on record. Accused Gajroo was correctly identified by witnesses Shitlu son of Sanau, resident of Saray Sukh Mangal, Raghu Nath son of Visram, resident of village Kashimpur, and Ram Raj son of Ram Dayal, resident of village Kashimpur. Out of these witnesses, Shitlu and Raghu Nath committed no mistake but witness Ram Raj committed 7 mistakes.