SHARAF SHAH KHAN Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Twenty eight accused persons were tried by the Sessions Judge, Hyderabad and Secunderabad, on a charge under Section 400, I. P. C. The charge was that in June, 1953, they belonged to a gang of persons associated for the purpose of habitually committing dacoity and committed dacoities, from July, 1953 to October, 1954, in the districts of Medak, Hyderabad, Mahboobnagar, Karimnagar and Raichur. The learned Sessions Judge acquitted accused 5, 9, 10, 12, 16, 20, 22, 25, 26 and 28 and convicted the remaining 18 accused either under Section 400, or under Section 395 I. P. C. He convicted accused 1, 2, 6, 14, 19, 21, 23, 24, and 27 under Section 400 Indian Penal Code and sentenced them to imprisonment for life. Accused 3, 4, 7, 8, 11, 13, 15, 17 and 18 were convicted under Section 395 I. P. C. and awarded rigorous imprisonment for seven years and fines of Rs. 50.00 each. The 18 convicted accused have each preferred a separate appeal.

(2.) The case for the prosecution is briefly as follows:- The 1st accused, Balooch Khan was an ex-army man, residing in the City of Hyderabad. In June, 1953, he conspired with some of the other accused, most of whom were also residents of Hyderabad and formed a gang for the purpose of habitually committing dacoity. The approver Amjad AH (P. W. 3) joined the gang even in June, 1953, while the remaining accused became members thereof on different occasions subsequently. The gang operated from Hyderabad and its strength ultimately reached about forty. Detachments of the gang, armed with sten-guns and other lethal weapons, used to raid distant villages at night and rob the residents of cash, gold and silver ornaments and other belongings. Between July, 1953 and October, 1954, the gang committed the following dacoities:- Shortly after dacoity No. 6, an Inspector (P. W. 234) of the C. I. D. Crime Branch was directed to take up the investigation, He detected the existence of the gang in August, 1954, after arresting the 14th accused on 10-8-1954. Subsequently he arrested the other accused on various dates, including the approver, on 31-8-1954. He recovered from their possession a number of properties concerned in the dacoities, registered the case under Section 400, Indian Penal Code on 15-3-1955 and laid the charge sheet on 16-8-1956.

(3.) The principal evidence adduced by the prosecution falls under the following heads: (i) the evidence of the approver narrating how the members of the gang conspired and assembled for each dacoity, committed it and divided the booty: (2) that of the victims of each dacoity and of other direct witnesses, identifying in Court and at the earlier test parades, individual accused as the participants; (3) that of recovery of properties lost at the dacoities from the possession of the various accused and (4) that of previous convictions of some of the accused. The learned Sessions Judge declined to place any reliance on the evidence of the approver on the ground that besides being tainted, it was belated and inherently improbable. He also declined to rely on the direct witnesses identification at the test parades, on the ground that the parades were held several months after the accused were arrested and that the accused objected even at the time of the parades that they had been shown to the witnesses. He based the convictions entirely on the identification by the direct witnesses in the trial Court and held that such of the accused as were identified as having taken part in more than one dacoity, were liable under Section 400, I. P. C.: while those that were identified only in one dacoity were liable under Section 395, I. P. C. As regards the recoveries of stolen properties, he treated that evidence only as corroborative evidence against such of the accused whose participation was proved by the aforesaid identification before him. He took into consideration the previous convictions merely for determining the punishment.