DAYA RAM AND ANOTHER Vs. STATE

JUDGEMENT

(1.) Daya Ram and Habib appellants have been held guilty under Sec. 395, I. P. C. by the Second Additional Distt. and Sessions Judge, Sitapur. The learned Judge has sentenced each of them to undergo R. I. for five years. Two other persons namely, Mewa Lal and Jia Ram alias Jia Lal, were also facing their trial in the court below. Their participation in the occurrence was not believed by the learned trial Judge and they have been acquitted.

(2.) It has not been disputed before me that at about midnight in the night intervening 1st and 2nd Feb., 1973 an armed dacoity was committed by 15 or 16 unknown dacoit's at the house of Gur Dayal (Since dead) in village Ramuwapur, P.S. Laharapur District Sitapur. Valuables worth about Rs. 850.00 were looted by the dacoit's from complainants house. Four persons, including Gur Dayal, received injuries at the hands of the dacoit's. When the dacoit's were decamping the village people chased them up to some distance but none could be apprehended.

(3.) To prove the factum of dacoity the prosecution relied upon the evidence of the injuries of Gur Dayal and others, upon the testimony of Radhay Shaym, Shatruhan, Maiku Manijar and Mahabir P. Ws. and also upon the observations and recoveries made on the spot by the investigating Officer, S.N. Trivedi (P.W. 14) since the factum of dacoity has not been disputed, by the learned counsel for appellants, I need not enter into the details of the said evidence. Suffice it to say that the factum of the alleged dacoity is fully established by the material on record.