RAJNATH SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) These are three connected appeals, namely, Criminal Appeal, No. 789 of 1978, Criminal appeal no. 883 of 1978 and criminal appeal no. 1050 of 1978, directed against a judgment and order, dated 15/3/1978, passed by II Additional Sessions Judge, Ghazipur, convicting and sentencing all the four appellants to five years rigorous imprisonment under section 395 I.P.C.

(2.) The case relates to the commission of a dacoity at the house of Sheo Shanker Tiwari in village Sakkapur police station Mardah, district Ghazipur in the night between 5th and 6th May 1975. According to the prosecution at about 12 Oclock in the night some 30 dacoits out of whom one was armed with a gun, the other with a knife and the remaining with lathis entered the house of Sheo Shanker Tiwari. They had also torches with them. It is alleged that the lighted lanterns were kept at the door of the house and the baithaka. The dacoits entered the house through the northern gate of the house and then reached the Sehan where Sheo Shanker Tiwari (P.W. 9) Tribhuwan Nath Tiwari (P.W. 2), Gauri Shanker Tiwari (P.W. 1) and Mahendra Tiwari (P.W. 10) were sleeping. The dacoits started tying them to their cots. Sheo Shanker Tiwari, however, managed to escape. He ran towards the village raising an alarm. The dacoits removed one of the door leaves of the door of the Zanana house and entered inside it. Some of them kept standing in the Sehan near the cots of Sheo Shanker Tiwari and others, who had been tied and they were continuously threatening them. Some residents of the village came near the house of Sheo Shanker Tiwari but the dacoits fired a shot at them as a result of which the villagers ran away out of fright, but they kept on raising alarms from a distance. The entire house was ransacked, cash, cloths and jewellery kept in the boxes were looted. The ladies of the house ran towards the village out of fear. These villagers who had collected there were flashing their torches. As the dacoits came out of the house with the looted property, they assaulted Gauri Shanker Tiwari and Mahendra Tiwari with lathis. After committing the dacoity the dacoits managed to run away to the southern side of the village. Munnu Passi son of Sakalu Passi, a resident of the same village was recognised. The other dacoits were not named in the report but it was alleged that their faces were very well seen in the light of the torches and lanterns.

(3.) A report of the occurrence was lodged by Sheo Shanker Tiwari at police station Mardah on 6/5/1975 at about 7.05 A.M., the place of occurrence being about one mile from the police station. Manu appellant has been named in the first information report. The prosecution case against rest of the appellants is based on the performance of the prosecution witnesses in the test parade. Shanker Saran Upadhya (P.W. 12) was the Thana Incharge, Mardah. Rajnath and Mahatim appellants were arrested by him on 28/8/1975 and on 7/9/1975 he made a report that they be put up for identification. Mohd. Jamal Khan (P.W. 15) was constable Moharrir at police station Birno when on 10/9/1975 he arrested appellant Ram Janam at the culvert of Alawalpur and brought him Baparda to Thana Birno where he was lodged. He was taken to jail on 11/9/1975. These three appellants were put up for identification on 15/10/1975, the identification parade being held by Sri B.B. Singh (P.W. 14) Ram Janam was correctly identified by Sheo Shanker Tiwari (P.W. 9) and Mahendra Tiwari (P.W. 10), and Tribhuwan Nath Tiwari (P.W. 2). All the three appellants were correctly identified by Mahendra Tiwari (P.W. 10) and Tribhuwan Nath Tiwari (P.W. 2).