(1.) THIS Criminal Appeal was originally filed by accused Nos. 1, 8 and 12, who were convicted for the offences Under Sections 395. 323 and 342, IPC and sentenced to suffer rigorous imprisonment for three years. At the time of admission, however, the appeal preferred by accused No. 1 was summarily dismissed, The appeal only survives so far as accused Nos. 8 and 12 are concerned.
(2.) THE facts so far as they are material are few. On Oct. 25, 1974, at about 10 or 11 p. m. , an offence of dacoity was committed by about 14-15 persons in the land of the complainant Raiva Mahagalya Bhil. at the hamlet Zirnipada within the limits of the village Brahmanwel in Taluka Sakri, District Dhulia. It is the case of the prosecution that on that night, the complainant, his son Bhavsingh, one Gangaram and his wife Sarkubai were in the land at the time of the incident. The dacoits committed the dacoity by assaulting the complainant, and after tying the four persons removed 5-6-bags of ground-nut from the land. The dacoits then proceeded towards the village Brahmanwel via hamlet Bandharpada. It is alleged that after commuting the theft, the dacoits went awav by the side of Durgadevi temple en route Brahmanwel village.
(3.) IN all 13 persons including the present accused Nos. 8 and 12 were tried for the aforesaid offences by the learned Sessions Judge, Dhulia. On a consideration of the evidence on record the learned Sessions Judge acquitted all the accused except accused Nos. 1, 8, 11 and 12. Accused No. 11 had preferred a separate appeal which was summarily dismissed. Similarly, the appeal of accused No. 1 has also been summarily dismissed at the admission stage.