RAM BRIKSH Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal by Ram Briksh, appellant, is directed against his conviction under Section 412, I.P.C. and sentence to undergo Rigorous Imprisonment for ten years passed by Shri S. N. Tewari, 1st Addl. Sessions Judge, Ghazipur vide his judgment dated 12.10.1979.

(2.) BRIEF facts giving rise to the present appeal are as under : "In three Sessions Trials bearing numbers 30, 31, and 44, all of 1978, Ram Briksh, appellant, along with six others, was tried for various offences. While others were charged under Section 396, I.P.C. for having committed dacoity with murder at about 1 a.m. on 16.8.1977 in village Samogar, P.S.Sadar, District Ghazipur in the house of Raj Kumar and Ram Janam, and committed the murder of Balram, Ram Briksh along with one other was charged under Section 412, I.P.C. for retaining the looted property during the course of aforesaid dacoity.

(3.) THE learned counsel for the parties have been heard and record of the case gone through. THE appeal deserves to be allowed.