GUNDLA NARAYANA Vs. STATE

JUDGEMENT

(1.) In the district of Medak, Bidar and Gulbarga between November, 1952 and December, 1953, dacoities were committed by a gang of persons. 36 persons including the present appellants and two approvers (P.Ws. 1 and 2) were charged for the said dacoities under Section 400, I.P.C. The learned Sessions Judge, Medak held the appellants guilty under Section 400, I.P.C. and sentenced each of them to life imprisonment excepting the appellant (A-4) who was sentenced to 7 years R.I. A-1, A-2, A-13, A-17 and A-21 were further sentenced to a fine of Rs. 50.00 each and in default to one year R.I. The remaining persons were acquitted of the charge. Against the said convictions and sentences are these sis appeals (Cr. A. 403 of 1957 to 408 of 1957) on behalf of A-1, A-2, A-4, A-13, A-17 and A-21 respectively.

(2.) The facts leading to these appeals are: A party called P.D.F. was formed at Zahirabad, consisting of 24 members--A-1 to A-4, A-6 to A-17, A-21 to A-23, A-36 and Hafizuddin, Dharmiah and Rachappa. The object of the party was to win the support of the poor, to launch out a propaganda against the rich and to acquire money for this purpose by means of dacoity. In furtherance of this object, in the month of November, 1952, the said Dharmiah, otherwise called Swamy (now absconding) and the leader of the said party, hatched a conspiracy for habitually committing dacoities with his trustworthy associates (A-21, A-22 and others). They divided themselves into two hands, the first band consisting of A-1 to A-21 and the approver Mohd. Ismail (P.W. 1) and the second band consisting of A-22 to A-36 and some absconding accused. In about 19 villages, viz., 1. Ranjole, Taluq Zahirabad. 2. Bilalpur --do- 3.Malkapur. 4.Maniarpur. 5.Edakulapalli. 6. Ginnerpalli. 7. Adkicherlu, Taluq Tandur. 8. Tatapally --do- 9. Jidoally, Taluq Gajwal. 10. Tuliapur, Taluq Narasapur. 11. Mubraspur, Taluq Gajwal. 12. Machanpalli, Taluq Gajwel. 13. Muppireddipally, Taluq Gajwel. 14. Gangapalli, Taluq Narasapur. 15. Kistapur, Taluq Gajwel. 16. Meenajipet, Taluq Gajwel. 17. Ibrahimabad, Taluq Narasapur. 18. Ahmednagar, Taluq Narasapur. 19. Venkatapur, Taluq Narasapur.

(3.) Dacoities were committed by the said members of the gang. Properties were recovered. The accused were charge-sheeted. They denied the charges. On behalf of the prosecution, 163 witnesses were examined and about 169 documents were filed. In defence, 9 witnesses were produced. On the evidence, the learned Sessions Judge held that in all the 19 Villages dacoities were committed, but as the evidence was not sufficient to connect all the accused, he held the appellants alone responsible for the dacoities committed? at Bilalpur, Ginnerpalli, Adkicherla and Tadpalli. In the result, he convicted and sentenced the appellants as aforesaid. Hence these separate appeals on behalf of the appellants. There is no appeal on behalf of the State against the acquittal of the other accused.