RAM AUTAR AND OTHERS Vs. STATE

JUDGEMENT

(1.) These are two connected appeals arising out of the same trial, Cr. A. No. 1810 of 1955, which is a jail appeal, being by one Rameshwar, and Cr. A. No. 1335 of 1955 by Ram Autar, Shital, Jageshwar, Bahori and Ram Bhawan Pasi, all of whom have been convicted by a learned Sessions Judge of Fatehpur Under Section 396, IPC. Ram Bhawan Pasi has been sentenced to 10 years' R.I. on account of his youth and each of the remaining Appellants to imprisonment for life. Curiously enough, the learned Sessions Judge, although finding all the Appellants guilty Under Section 412, IPC, has not convicted them for that offence and given no reason for that. Four others tried along with the Appellants were acquitted for paucity of evidence of identification.

(2.) It has been found by the court below, and the fact was not challenged before us. that on the night between the 12 th and 13th of April 1954 a dacoity was committed by about 20 persons armed with lathis, spears and other weapons in the house of Shiv Kanth in village Belai within P. S. Khakhreru in the district of Fatehpur in which Shiv Kanth was killed. The evidence of Dr. Anis Ahmad, Civil Surgeon of Fatehpur, who conducted the post mortem on the dead body at 4-30 p.m. on 14-4-1954 is conclusive on the latter point. First information report of the dacoity, with a list of the dacoited property attached thereto, was lodged by one of the eye-witnesses, Moti Lal PW 2, at 7 O'clock the following morning at the aforesaid police station. None of the culprits was named in the report, but all the eye-witnesses were produced by the prosecution.

(3.) Investigation was immediately taken up by S. Inspector K. L. Pande PW 39 Station Officer of the police station. The material facts relating thereto find mention in the judgment of the court below and need not be repeated here. The first person to be arrested was Ram Autar Appellant. The prosecution case is that on 4- 6-1954 he had purchased grain worth Rs. 10 on credit from Dharam Singh PW 33 of village Sonari, that the following day Ram Autar went to him and offered a saree alleged to have been one of the dacoited properties, in payment of the price. This is said to have roused the suspicion of Dharam Singh, and on his questioning. Ram Autar is said to have made an extra judicial confession with regard to the dacoity and involved Shital and Rameshwar Appellants as also certain other persons. All this is said to have happened in the presence of Ballu PW 34 and one Bisheshwar. The extra-judicial confession is said to have been committed to writing by Dharam Singh, and the latter is said to have gone at once to the police station and deposited the saree and lodged the written extra-judicial confession thereafter having left Ram Autar at his shop in the custody of the aforesaid two witnesses Ballu and Bisheshwar. Subsequently, S. I. Kamal Singh PW 40 the then Station Officer of the police station (K. L. Pande having since been transferred) went and arrested him.