ALI RAZA Vs. STATE OF U P

JUDGEMENT

(1.) ALI Raza and Peer ALI appellants have been convicted for the offence of dacoity punishable under section 395 IPC by the Illrd Additional Sessions Judge, Bahraich. ALI Raza appellant has been ordered to be kept in safe custody under section 32 of the U. P. Children Act instead of being sentenced to imprisonment. Peer ALI appellant has been sentenced to ten years RI and a fine of Rs. 2,000/-, in default to undergo rigorous imprisonment for one year.

(2.) THE case of the prosecution was that on the night between 20/21-2- 1979 at about midnight 18 or 20 dacoits armed with lathis and country made pistols raided the house of Ahmad informant in village Bahadur Purwa, P. S. Nanpara, District Bahraich, and committed dacoity there. THE dacoits were carrying electric torches and were flashing them. Ahmad and other inmates of the house raised alarm whereupon several persons of the village arrived. THE rescuers made an attempt to apprehend the dacoits whereupon marpit took place. One dacoit died on the spot and Ali Raza and Peer Ali were captured on the spot. Other dacoits succeeded in making their escape good along with the booty.

(3.) THE learned Addl. Sessions Judge believed the statements of the prosecution witnesses and convicted and sentenced them as mentioned above. Feeling dissatisfied with it the present appeal has been filed.