RAMADAS Vs. STATE

JUDGEMENT

(1.) THE appellants, six in number, figured as A -1, A -2, A -3, A -4, A -6, and A -7 in the trial Court. They along with six others were prosecuted under Section 400 I.P.C. for belonging to a gang of dacoits, which had been formed under the leadership of one Bishen Singh with the object of habitually committing dacoities and other offences. It was alleged that in furtherance of the said conspiracy the accused participated in a number of dacoities spread over different Districts of Maharashtra, Mysore and Andhra Pradesh, and looted property worth Rs. 77,191/ -. One of the persons involved in the said gang by name Mehtab Ali was made approver and a charge was laid against the accused appellants under Section 400 I.P.C. before the 11 Assistant Sessions Judge, Hyderabad in Sessions Case No. 4 of 1960. The learned Sessions Judge on examining 309 witnesses and marking 243 documents for prosecution and after a prolonged trial convicted the appellants under Section 400 I.P.C. and sentenced them to six years R.I. with a fine of Rs. 200/ - each, and in default to suffer six months further R.I. Out of the 12 accused, four were acquitted, one died and one was discharged. The convicted accused have filed these appeals.

(2.) THE allegation against the accused -appellants is that they constituted a gang of habitual dacoits under the leadership of one Bishen Singh. The conspiracy was hatched sometime in August or September 1956 at Begum Bazar. Bishen Singh, a resident of Akkalakot, was occupying a room near Muslim Jung Bridge, Begum Bazar, Hyderabad. That house was taken on rent by one Ramjiwangirji for residence and in a portion of the same building Bishen Singh was also living in those days. Bishen Singh's relatives and associates were frequently visiting Hyderabad. At the instance of Bishen Singh other accused also joined the gang and Bishen Singh volunteered to procure one rifle. It was agreed that the dacoities should be committed in the neighbouring Districts and so also outside the State after collecting necessary information from the villagers as to the availability of wealthy persons etc. Certain modus operandi was also adopted in the said meeting and it was further decided mutually that equal share should be given to the participants and non -participants alike irrespective of their sex. Only the person who was handling the rifle was to be given a greater share.

(3.) THEREAFTER , A -1 and A -3 were arrested on 29 -3 -1958, A -4 on 19 -4 -1958, A -2 and A -6 on 3 -7 -1958 and A -7 on 1 -12 -1958. The charge -sheet was laid on 22 -7 -1959. As stated above, the learned Sessions Judge after an elaborate trial involving the examination of as many as 309 witnesses for prosecution delivered the Judgment on 21 -6 -1961 convicting the appellants herein under Section 400 I.P.C, and sentencing them to six years rigorous imprisonment.