RAHMAT Vs. STATE

JUDGEMENT

(1.) THIS is a revision by the applicant Rahmat against the dismissal of his appeal against his conviction under Section 395, I. P. C. and sentence of four and half years' R. I.

(2.) THE prosecution case was that a dacoity was committed in the night of 12/13th July, 1974 at the houses of Ram Deo (P. W. 1) Gokul (P. W. 2) Shobhan and Ghasitey in village Chamarpurwa, hamlet of village Malhi P. S. Malhipur, District Behraich, Households and ornaments worth Rs. 4,180 were said to have been looted away in the said dacoity. The dacoits were said to be 12-13 in number of them three namely, the applicant and two others, namely Avadhey and Chhotey were identified and they were named in the F. I. R. About the rest it was alleged that their faces were seen in the light of torches and the burning light of khar and an opportunity was given to them to identify them.

(3.) THE applicant had denied the charge. He alleged that as the Station Officer, Mallhipur was against him he got him implicated in this case. It was alleged that he wanted him as a witness in some other case which he refused. He further alleged that all the four victims of the dacoity belonged to one group and had ill-will against him.