JAMUNA AND SUKHRAM Vs. STATE

JUDGEMENT

(1.) This appeal has bee preferred by the appellants against judgment and order dated 17.5.79 passed by Sri K.P. Sinha, VI Additional Sessions Judge Fatehpur, whereby they have been convicted under Sec. 395 I.P.C. and sentenced to undergo R.I. for a period of 6 years.

(2.) The brief facts of the prosecution are as follows:

(3.) A dacoity took place at the house of Mahabir in village Baniya Khera, Police Station Kalyanpur, District Fatehpur, at about mid-night on 16/17.2.75. At the time of occurrence the informant Mahabir and other members of his family were sleeping. One burning lantern was hanging at the door. About 10 or 12 miscreants armed with country made pistols, hockey sticks and axes entered into the house of the complainant and they looted the property from the inmates of the house. The informant slipped away and made hue. and cry. The witness Babu Lal, Chhote Lal, Mewa and Hira Lal after hearing the hue and cry rushed to the place of occurrence and flashed torches. Some "Powal" was also set on fire in order to create light on the spot. Kailash and Raghunath also arrived with their licensed guns and fired shot towards the miscreants. The miscreants after looting the ornament, clothes etc. made their good escape from the place of occurrence and it is said that the appellants Jamuna and Sukhram, resident of a village, adjacent to the village of occurrence, were recognised amongst the miscreants and it is also said that the appellants had muffled faces with dhatas, but during the scuffle their dhatas fell down and they were recognised by the witnesses at the spot.