BHAROSEY Vs. STATE

JUDGEMENT

(1.) ACCUSED Bharosey, Maiku and Nanhkau have been con victed and sentenced to R. I. for a period of 5 years under Section 395, I. P. C. by III Additional Sessions Judge, Unnao on 17-5-32 for having committed dacoity in the house of one Kallu P. W. 3 on the midnight between 24th/25th December, 1978 at village Hilgi, P. S. Ajgain, district Unnao alongwith 7-8 other dacoits. The First Information Report of this incident was lodged on the next morning at 8. 10 a. m. at P. S. Ajgain naming all the three accused.

(2.) PROSECUTION examined 3 witnesses Ganga Devi, Kallu and Raja Ram P. Ws. 2 to 4 who have sweared to have seen and recognised the accused-appellants in the light of lantern and torches. Learned Sessions Judge believed the aforesaid three witnesses of fact and arrived at the conclusion that the accused have committed the dacoity. He has consequently convicted and sentenced the appellants. They have first aggrieved and came up in appeal before this Court.

(3.) THE crucial question which arises for determination in the appeal is whether the accused-appellants have committed dacoity alongwith others on the aforesaid night in the house of Kallu.