STATE OF U P Vs. JAGNOO

JUDGEMENT

(1.) JAGNU and Mahesh Singh residents of village Jamsara, Mina of Chandrapur, Mohan of Kantha, Rampal Singh and Ram Smgh of Masurha, Jawahar, Chhotey Lal and Gayari of Virahimpur, Harihar Singh of Jagsura--all within the police circle Sandila --and Sumer of village Sahoria, within the police circle Baghauli, in the district of Hardoi, were tried for the offences under Section 399/402, Indian Penal Code, by the Assistant Sessions Judge Hardoi. The charge against them was that on the night between the 18th and 19th December, 1963 they collected in the grove of Ram Nath in village Bhargahna after having made preparations to commit dacoity at the house of Khurram Chamar. Jagnu, Sumer and Jawahar were further charged under Section 25 (a) of the Arms Act. Jagnu, Mohan, Sumer and Harihar Singh were acquitted. The remaining seven, namely, Mahesh Singh Minna, Ram Pal Singh, Ram Singh, Jawahar, Chhotey Lal and Gayari were convicted and awarded five years' rigorous imprisonment each under Sections 399 and 402 Indian Penal Code, (each count). Jawahar was also sentenced to one years rigorous imprisonment under Section 25 (a) of the Arms Act. The State has filed against the acquittal of Jagnu and Sumer. No Government Appeal has, however, been filed against the acquittal of Mohan and Harihar Singh. The three other represented Criminal Appeals -- Nos. 92 of 1965, 109 of 1965 and 288 of 1965--have been filed by Ram Singh, Rampal Singh, Mahesh Singh, Jawahar and Minna against their conviction on the various charges. The remaining two appeals, namely Jail Appeals Nos. 317 of 1965 and 320 of 1965, are the unrepresented jail appeals of Chhotey Lal and Gayari. Since all these appeals arise out of the same trial we propose to dispose them of together.

(2.) WE have heard the learned counsel for the appellants and the Assistant Government Advocate for the State.

(3.) THE prosecution in support of its case in all examined 28 witnesses. Out of them, Chandrapal Singh P. W. 2, Kedar Nath P, W. 3, Shahzad P. W. 4, Bharosey P. W. 5, Mukhtar AH P. W. 6, Rajia P. W. 7, Daya Shanker P. W. 8, Bashir P. W. 9, Mewa Lal P. W. 10, Surendra P. W. 11, Ram Singh P. W. 12, Sohan Lal P. W. 13 Mohd. Kazim P. W. 21 and Raghubir Singh P. W. 22 are the eye-witnesses of the occurrence. The remaining witnesses are mostly of a formal nature.