NEM CHAND Vs. UNION OF INDIA

JUDGEMENT

(1.) BALAK Ram and Nemchand were charged under section 95 read with section 397, I. P. C. of having committed dacoity in the house of Rewa Ram in village Simaria Gausi, Police Station Neoria, District Pilibhit on the night intervening 9th and 10th September, 1970 They were also charged under section 395, I. P. C. seperately for committing dacoities in the house of Kundan Lal and Ram Lal of the said village on the said date. The trial court convicted Balak Ram and Nem Chand under section 395, I. P. C. and sentenced each of them to undergo rigorous imprisonment of five years Aggrieved Nem Chand bas preferred the appeal no. 1855 of 1971. Balak Ram and Nem Chand preferred another appeal no. 1914 of 1971 against the said order and judgment. Both the appeals were taken up together and as they arise out of the same judgment and order, they are being disposed of by a common judgment.

(2.) LERNED counsel for the appellants took us through the relevant evidence on record for the purpose of showing that the assesment of the evidence by the trial court was erroneous and, therefore, unsustainable.

(3.) AGARWAL recorded by the comitting Magistrate Ex. Ka-15 along with injury report of Liladhar, Gomti and Nima Exts. Ka-1 to Ka-3. Rewa Ram, Munna Lal were the eye witnesses of fact. Murtaza Husain (P. W. 3) was posted at police station Kotwali and had taken accused Nem Chand baparda from Kotwali to the District Jail, Pilibhit. J. B. Singh the Magistrate First Glass (P. W. 4) had conducted the test identification of the accused on 23rd November, 1970 and proved the memo Ext. Ka-7 Nem Ghand Sub-inspector (P. W. 5) had arrested the accused Balak Ram from the Village Gazipur Kunda and brought him baparda to the police station and had sent him in that condition on 28th September, 1970 through Constable Indra Lal to district jail, Pilibhit. Indra Lal had lodged the accused at the district jail. Bhawar Singh, Station Officer, Neoria (P. W. 7) had investigated the case and had prepared a site plan Ex. Ka-9. He had also seen petromax lantern and prepared its memo Ext. Ka-5. He had seen torches of the witnesses Ram Lal, Nanhey Lal and Bhopal and prepared memo Ext. Ka-6. The charge-sheet submitted by him was Ext. K.a-10. He along with Rajendra Singh Station Officer, Kotwali had arrested Nem Chand and brought him baparda to Police Station Kotwali, Amir Ahmed P. W. 8 who was posted as Head Moharrir at the police station Neoria on September 10, 1970 proved the chik report of Ext Ka-4. He had sent letters for medical examination Ext. Ka-1/A, Ka-2/A and Ka-3/A. Jai Prakash Gupta who was Head Muharrir at the police station Kotwali from 16th October, 1970 to 18th October, 1970 proved the copies of the G. D. Ext. Ka-11 and Ext. Ka-14. He had also deposed that accused Nem Chand remained baparda at police station Kotwali and was not shown to the witnesses there.