HET RAM AND ANR. Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by Het Ram and Ram Prasad who were tried in sessions trial No. 249 of 1971. This sessions trial was connected with another sessions trial No. 207 of 1971 in which Hari Singh stood trial. Both the connected sessions trials resulted in the conviction of the two Appellants Het Ram and Ram Prasad as well as Hari Singh. All the three convicted persons preferred appeals to this Court. The appeal filed by Hari Singh namely Criminal Appeal No. 606 of 1972 was connected with the present appeal of Het Ram and Ram Prasad. Hari Singh filed his appeal through his counsel Sri Ramesh Sharma who has died. Notices have been issued to Hari Singh to engage another counsel, but those notices have not been served on him. Therefore in Criminal Appeal No. 606 of 1972, orders have been passed for the appearance of Hari Singh and this appeal is being separately heard and decided in order to avoid delay in its disposal.

(2.) THE learned Additional Sessions Judge by his judgment and order dated 4th February, 1972, convicted Appellants Het Ram and Ram Prasad under Section 395, IPC and sentenced them each to five years' R. I.

(3.) SIYA Ram (PW 1) went to Police Station Kurawali which was at a distance of 12 miles and lodged an oral report of the two dacoities committed in village Deopura and Nagla Sawaj. On the basis of the oral report, a case under Section 395/397 IPC was registered at Police Station Kurawali on 1 -3 -1971 at 12.15 P.M. The Station Officer Birbal Sharma (PW 22) took up the investigation. He visited the two scenes of occurrence and prepared respective site -plans (Exts. K.a -24 and Ka -30). He arrested Appellant Ram Prasad from his house in village Jal Nagaria on the night between 15th and 16th June, 1971 and made him Bapardah. Appellant Het Ram surrendered in Court on 8 -7 -1971. Both these Appellants were put up for identification in a test indentification parade on 17 -7 - 1971 in district Jail Mainpuri. Sri R. C. Misra (PW 18) was the Magistrate under whose supervision the test identification parade was held. On the result of the test identification parade, charge -sheet was submitted against the two Appellants as well as other co -accused by the investigating officer on 18 -7 -1971.