LACHHMAN AND ORS Vs. STATE

JUDGEMENT

(1.) The four Appellants in this case have been convicted Under Section 395 of the IPC by the Temporary Civil and Sessions Judge of Sitapur and each of them has been sentenced to five years' rigorous imprisonment and a fine of Rs. 50.

(2.) The case for the prosecution was that a dacoity was committed at the house of one Mangli on the night between 20th and 21-4-1953. Mangli was sleeping in his house when 15 or 20 dacoits are said to have raided his house. He raised an alarm and some villagers came up. Some dried Bajra plants were set fire to and it was also a moonlight night though it was about the middle of the bright half of the month. In this light it was alleged on behalf of the prosecution that the witnesses and Mangli were able to see the faces of the dacoits. The dacoits, however, decamped after looting some property. The villagers chased the dacoits and succeeded in capturing one of them after he had been given a thorough beating. This person who was arrested was one Sohan of village Bajehra. He, however, died on the following day. First information report was lodged at police station Pisawan on 21-4-1953 at about 10 a.m. No names of dacoits were mentioned in the first information report but the names of witnesses who, had come up and had seen the dacoits were mentioned. After investigation, in all twelve persons were sent up for trial. One of them, namely, Ghasoo was sent up after the other persons had been challenged, but by the time the case came up before the court of Sessions both cases were ripe and the learned Sessions Judge has tried all the twelve accused together.

(3.) The defence of the accused was that they had been implicated on account of enmity with the witnesses or the police.