PRAKESH Vs. STATE OF U P

JUDGEMENT

(1.) KUNDAN Singh, J. The appellants Prakash, Natthu and Ram Sanehi have preferred this appeal against the judgment and order dated 9-4-1979, passed by Sri J. N. Tandon, the then IHrd Additional Sessions Judge, Mainpuri, in S. T. No. 233 of 1978, whereby he convicted the appellants tor the offence punish able under Section 395, I. P. C. and sentenced each of them to undergo rigorous imprisonment for two years.

(2.) THE prosecution case in a nutshell is that a dacoity was committed by 10 or 11 armed bandits at about 1-00 a. m. on 18/19-5-1977 at the house of Ram Deen in village Gigaura of Police Station Bhaugaon, district Mainpuri. In the incident informant Ram Deen, Shiv Charan, Om Devi and Jag Ram sustained injuries at the hands of bandits and the dacoits looted gold, silver ornaments and clothes of the informant and his family members. Madbav and Natthu, licence holders of fire-arms. , residents of the same village, opened fires towards the dacoits and some of them sustained injuries. In the light of a lantern, burning inside the houseand the burning pyal the witnesses identi fied the appellants and Chhotey and Daroga alias Prem Das out of the dacoits, who committed the dacoity at the house of the informant. An F. I. R. was lodged by Ram Deen at 7-45 a. m. on 19-5-1977 at Police Station Bhaugaon, district Mainpuri.

(3.) THE appellants denied the prosecution version and stated in their statements recorded under Section 313, Cr. P. C. that they have been falsely implicated due to party-faction in the village and pressure of the police. Prakash appellant examined one Ram Babu Misra as DW 1 to prove that except him there is no other person Ram Prakash son of Itwari in the village.