PATRAS MASIH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) A gang of about 10 or 12 dacoits committed dacoity in the houses of Babu Ram and Lala Ram in village Kukrikhera within the Police Circle of Jahanabad in the district of Pilibhit on the night between 28th and 29th of May 76 at, about 1.30 A.M. Babu Ram lodged F.I.R. on the following morning giving details of the articles looted. The accused appellants Patras Masih and Ram Charan were arrested on 1st of June 76 and Chand Khan on 10th of June 76. They were put up for identification in the District Jail of Pilibhit on 16th of July 1976. Sri Sripat (P.W. 15) S.D M. conducted the test identification proceedings. The accused Patras Masih was correctly identified by Babu Ram (P.W.3) Shyam Lal (P.W.1), Ram Lal (P.W.2) and Smt. Champa (P.W.4). The accused Ram Charan was correctly identified by Babu Ram (P.W. 3), Shyam Lal P.W. 1, Smt. Champa P.W. 4 and Ram Lal (P.W. 2). The accused Chand Khan was correctly identified by Shyam Lal P.W. 1 and Smt. Champa (P.W.4). A golden hasuli Ext. 35 was recovered from the possession of the accused Chand Khan when he was arrested. It was put up for identification and was correctly identified by Babu Ram (P.W.3) and Smt. Nandini not produced. The Investigating Officer after completing the investigation submitted charge-sheet against six persons. The learned Sessions Judge on a consideration of the entire evidence arrived at the conclusion that the charges under Section 395 I.P.C. were proved beyond doubt against the accused Patras Masih and Ram Charan and the charge under section 412 IPC was proved beyond doubt against accused Chand Khan. He has consequently convicted and sentenced them for the same. They have felt aggrieved and have come up in appeal.

(2.) The remaining accused have been acquitted of all the charges.

(3.) I have heard learned counsel for both the parties and have gone through the record with care.