NARAYAN YADAV Vs. STATE OF U P

JUDGEMENT

(1.) THESE two appeals arises out of the same judgment passed in S. T. no. 357 of 1983. by Sri Gaya Prasad, the then Vth Additional Sessions Judge, Mirzapur, on 23-4-84. All the appellants have been convicted under section 395, IPC and sentenced (to five years' rigorous imprisonment each. Feeling aggrieved, they have come upto this court through these two appeals.

(2.) IT is said that a dacoity took place at the house of the complainant, Mishri Lal, in village Katran, Police Station Kotwali Dehat. Mirzapur in the night between 12th and 13th of September, 1983 sometime after mid-night. 10 12 dacoits took part in this dacoity. A written report of this occurrence was lodged at the police station, which is four miles from the scene of occurrence, on 12-9-83 at .05 a. m. No body has been named in the FIR. All the accused were arrested subsequently on different dates and they were put up for identifi- identification and on the basis of the identification evidence they were charged, tried and convicted and sentenced as mentioned above.

(3.) SO far as Lallan is concerned he was arrested on 21/22-10-83 at mid night with some others, under sections 399/402 IPC from village Samariya, Police Station Pannoo Gam, put under cover and brought to the Police Station at 4.00 a. m. and then the same day was sent to jail.