BAQRIDI Vs. STATE OF U.P.

JUDGEMENT

(1.) - Baqridi has filed this appeal against the judgment and order passed by Additional Sessions Judge, Gyanpur Varanasi in S.T. No. 28 of 1980 dated 28th April, 1981 convicting and sentencing the appellant under Sec. 395, Penal Code to undergo four years R.I.

(2.) Heard Sri G.P. Yadav, learned Counsel for the appellant and learned A.G.A. and perused the Lower Court record carefully.

(3.) Sri Yadav has not challenged the factum of dacoity. He has contended that the conviction is based only on identification of the accused and no reliance can be placed on such identification which was held after about two months from the date of arrest. The prosecution story, in brief, is that houses of P.W. 1 Uma Shanker, Ram Abhilakh and Kashi Prasad are situated in the same locality of village Suriyawan. On 26th May, 1979 at about 10 O'clock Uma Shanker was lying outside his house. Ram Abhilakh was also lying infront of his hut. His nephew Bhuleshwar was sleeping in the hut towards north of the house of Ram Abhilakh. The ladies were inside the house. In the meantime, about 12-13 dacoits, armed with lathi, danda, knife, pistol etc. and also having torches with them appeared at the house of Uma Shanker. The dacoits had tied Uma Shanker and Ram Abhilakh in the cot and thereafter they broke open the door of Uma Shanker's house and entered therein. They looted the house of Uma Shanker. Bhuleshwar found an opportunity and ran in the village for raising alarm. In the meantime, Ram Kali, wife of Kashi Prasad also found opportunity to burn her hut and there became sufficient light due to burning of hut. On the alarm of Bhuleshwar, witnesses Satya Narain, Laxmi Shanker, Radhey Shyam P.W. 2, Mohan Lal P.W. 5, Ram Chander and others with their torches collected and saw the occurrence from a ditch near the house. Ranjit Ram, who was coming from north, received firearm injuries from the dacoits. While leaving the village, the dacoits further looted the house of one Bhagwan Prasad. Uma Shanker recognised the accused at the scene of occurrence.