DEOKARAN Vs. STATE

JUDGEMENT

(1.) BOTH these appeals can be conveniently decided by a common judgment. Prema, Prahlad, Kanhiya, Kumersingh Hakim and Rupalaya Appellants have been convicted of the offence under Section 395 of the Penal Code and each one has been sentenced to five years rigorous imprisonment. Bahadorya and Mungjiya Appellants have been convicted of the offences under section 395/397 of the Penal Code, and sentenced to 7 years and 8 years rigorous imprisonment respectively. Deokaran has been convicted of the offence under Section 395/109, Indian Penal Code and sentenced to five years rigorous imprisonment,

(2.) A dacoity was committed in village Ronsala where property worth Rs. 9,217 was looted. Ramprasad chowkidar lodged the first information report in police station Awanti Barodia on the 11th February at 9 p. m., the distance being 25 miles. No dacoit is named but it is mentioned that 15 or 16 persons committed the dacoity.

(3.) EXCEPT Mungjiya all the accused had been arrested on the 1st, the 2nd, the 5th and the 7th March. A test identification parade was held on the 1st April when all the arrested accused were put up for identification. Mungjiya was arrested on the 7th April. Two more test identification parades were held on the 17th April, one for Mungjiya alone and the other for all the accused. It is at once striking that a separate parade was held for Mungjiya when he was included in the parade held for all the accused on the 17th April.