NARAYAN SINGH AMAR SINGH Vs. STATE

JUDGEMENT

(1.) THE judgment in this appeal shall also govern Criminal Appeals Nos. 45 and 55 of 1964. 1a. The accused-appellants Narayan Singh and Harnath Singh have been convicted by the Additional Sessions Judge, Morena, under Section 395 of the Indian Penal Code and sentenced to rigorous imprisonment for five years together with a fine of Re. 1/-, or, in default, further rigorous imprisonment for one day. The accused- appellant Chhotelal has been convicted in the same trial under Section 395, read with Section 75, of the Indian Penal Code and sentenced to imprisonment for life. They have all filed appeals against their convictions and sentences--Narayan Singh and Chhotelal from jail, and Harnath Singh through his counsel, Shri J. P. Gupta.

(2.) THE prosecution case, in brief, is as follows: On the night between the 10th and 11th of December 1962, at about mid-night, there was a dacoity at the house of Dhudilal (P. W. 2) in village Chhota Kheda, during which the inmates of the house were beaten and the property of Raghunath (P. W. 9 ). e. g. , Rs. 350/- in currency notes, some silver ornaments and some silver coins were looted by the dacoits from the quarters in the occupation of the latter.

(3.) RAMKUMAR (P. W. 1) had raised an alarm, hearing which some villagers had gathered in front of the house. While the dacoits were attempting to make good their escape, one of them, viz. , Chhotelal was caught practically red-handed am] handed over to the police.