SUTHAN Vs. REX

JUDGEMENT

(1.) THE appellants Subban, Gaddi and Bharosey Chamar, were convicted under Section 412, Penal Code, by Mr. Raja Ram Mehra, Civil and Sessions Judge, Sitapur, and sentenced each to rigorous imprisonment for five years and a fine of Rs. 100 on 25th April 1949. In the same case the learned Judge convicted Matai Dhobi, and Tonri, Pasi, appellants under Section 395, Penal Code and sentenced them each to rigorous imprisonment for seven years.

(2.) THE prosecution case briefly was that on the night of 11th/12th April 1948, a dacoity was committed at the house of Paragi Lal, Brahman, P. W. 2, in village Musha, Police Station Kotwali, Sitapur, In this dacoity considerable property was looted and several inmates of the house, Janki, Mt. Sukhdei, Moti Lal, Mt. Mahdei and Mt. Savitri were injured. The dacoits were 15 or 16 in number. The dacoits had some electric torches with them and were armed with a country -made revolver and aome lathis. A report of this occurrence was made the next day at 12 -30 P.M. As a result of the investigation the four appellants and three others, Jamna Prasad, Mahadeo and Jagannath were sent up for trial.

(3.) THE prosecution alleged that from the house of Subhan appellant a rumal, Ex. L, which is the property of the victims of the dacoity, was recovered on 20th April 1948, and that from the possession of Bharosey were recovered a jhanj, Ex. II, and Sutia, Ex. III, on the same date; that from the possession of Matai was recovered a pair of handkerchiefs, Ex. IV; and from the house of Tonri was recovered a karanphul -jhumka, Ex. V. It was alleged that all this property was the property stolen by the dacoits. Proceedings for identification of property and of the arrested persons were also held.