MAN SINGH Vs. STATE

JUDGEMENT

(1.) THESE are two connected criminal appeals. Cr. A. No. 2888 of 1963 is by Man Singh while Cr. A. No 508 of 1964 by Majnoo. Both these appeals are directed against the Appellants conviction and sentence of years' R. I. each under Section 395, IPC Eight other persons were tried alone.

(2.) IT is an undisputed fact that on the night between the 27th and the 28th April 1963 an armed dacoity was committed at the house of Pati Ram in village Nilkhanthpur, lying within the circle of Police Station Ghiror, in the district of Mainpuri. A report of this incident was lodged at Police Station Ghiror 10 miles away at about 4.30 p.m. on 8.4.1963 by P.W. 1 Karan Singh. In this report 4 culprits were nominated, while as for the others it was stated that they had been seen in the light of torches and a lantern and the light thrown by the burning 'toori' outside the house, and could be identified if produced.

(3.) SRI . R.P. Pandey, learned Counsel for Majnoo, and Sri. Bhagwati Prasad Gupta, learned Counsel for Man Singh contended, that on the finding recorded by the learned trial Judge himself, both the Appellants were entitled to acquittal. After perusing the judgment and hearing the learned Counsel for the parties, T am satisfied that this contention is well founded.