BECHU Vs. STATE

JUDGEMENT

(1.) This order will dispose of Criminal Appeals Nos. 579 and 599 of 1955 and 16 of 1956. These are three Jail appeals sent by Bechu, Bnagirath and Roopey. Bechu and Bhagirath have been convicted under Section 395, I. P. c while Roopey has been convicted under Section 411 I.P.C. Several persons were tried In this case and the learned trial Court convicted the three appellants as well as two other persons, viz., Jag Prasad and Ram Roop Singh, Ram Roop Singh and Jag Prasad have not appealed from jail, but as in my opinion the trial Court has completely misunderstood and misapplied the law in assessing the evidence of identification, I cannot let the order of conviction stand against them either and I am Betting aside their conviction also.

(2.) Briefly stated the prosecution story is that a dacoity was committed on the night between the 7th and 8th of June, 1954, at the house of P. W. 1 Sitlu who is a resident of village Aihar, police station Bhilsar, Sub-division Ramsanehi Ghat, District Barabanki. It is alleged that about 35 or 40 dacoits committed this crime and some of them were armed with guns. The light that existed in this case was the torches in the hands of the dacoits and witnesses and according to the prosecution a Parchhati was burnt outside the house of Sitlu. Next morning a report of the incident was lodged by Sitlu himself at police station Bhilsar which was six miles away. No names were mentioned in this report but a list of looted property was given. In this list of property there were, among others items of lachchas. It is not necessary to give any details about this dacoity because my order rests only on the appreciation of the evidence of identification.

(3.) The three appellants before me were arrested on different dates. Roopey was arrested on 4-7-1954, Bhagirath on 5-7-1954, and Bechu on 17-8-1954. The other two accused persons who have not appealed viz., Ram Roop Singh and Jag Prasad were also arrested on 5-7-1954. After the arrest of the suspects in this case several identification parades were held. No less than five parades were held in this case. The first identification parade was held on 14-7-1954, the second on 24-7-1954. the third on 4-8-1954, the fourth on 21-9-1954 and the last on 30-9-1954, Roopey appellant and Ram Roop Singh were put up for identification in the second parade held on 24-7-1954. Bhagirath appellant and Jag Prasad were put for identification in the third parade held on 4-8-1954. Bechu appellant was put for identification in the fourth parade which was held on 21-9-1954.