CHANDRA PAL Vs. STATE

JUDGEMENT

(1.) CHANDRAPAL, Banwari, Chiranji, Malkhan, Debi and Jangi appellants who have been convicted under Section 395 of the Penal Code and have been sentenced to six years' rigorous imprisonment and a fine of Rs. 100/- and Ram Swarup and Bhola who have been convicted under Section 412 of the Penal Code and sentenced to two years' rigorous imprisonment and a fine of Rs. 50/- by the Additional Sessions Judge of Hardoi, have come up in appeal against their conviction and sentences.

(2.) IT appears that a dacoity was committed at the house of one Gokul in village Nawabganj, also known as Bhulbhulaganj, in the district of Hardoi in the small hours of 11-7-1951. Some 20 or 25 persons raided the house of Gokul and inflicted injuries on some persons and looted property. An alarm was raised whereupon the neighbours arrived and the dacoits decamped. First information report was lodged by Gokul on 11-7-1951 at 7-30 A. M. at police outpost Pachdeora, which was at a distance of about 2 miles from the place of occurrence. Gokul" mentioned the names of 15 persons who were identified at the time of the dacoity amongst the assailants and also mentioned the names of some witnesses who had turned up on hearing the alarm and had seen the faces of the dacoits. Investigation was taken up by the police. The investigating officer reached the place of occurrence at about 11 A. M. A list of stolen property was given at the time when the first information report was lodged and it was also mentioned in the first information report that the inmates of the house would disclose other items of property which had been looted by the dacoits. A further list of stolen property was given to the investigating officer when he reached the village. The investigating officer prepared a site plan, and after investigation, sent up 18 persons for trial. Out of those whose names were mentioned among the dacoits in the first Information report, only two Chandrapal and Banwari were challaned. Of the 8 appellants, Ram Swarup and chiranji, were arrested on 27-7-1951. Debi surrendered in court on 23-7-1951, Chandrapal surrendered on 27th July, Bhola surrendered on 25-8-1951 and Jangi and Malkhan surrendered on 27-8-1951. It is not apparent from the record as to when Banwari was arrested. As a result of the investigation, in all 18 persons were challaned by the police. Of these ten have been acquitted and the remaining eight, who are the appellants in this case, were convicted by the Additional sessions Judge and sentenced to the terms of imprisonment mentioned above.

(3.) THE defence of the appellants was that they have been implicated out of enmity and that they did not take part in the alleged dacoity.