CHARNA Vs. STATE

JUDGEMENT

(1.) THE police challaned appellant Charna and Dhaniram before the Special Judge, Morena, under Sections 395 and 397 of the Indian Penal Code for the offence of dacoity. The trial Court acquitted the accused of the offence they were charged with, but convicted Charna under Section 411 of the I.P.C. and sentenced him to rigorous imprisonment for a year and a half. Against this decision the accused has filed this appeal.

(2.) THE prosecution story in short is that on the midnight of 15 -5 -54, 12 to 15 dacoits armed with Lathies and Phrases looted the house of the complainant Panchamsingh, resident of village Hatharia, The following daya report was lodged at Police Station, Joura in which no name of any of the Badmashes was stated. It, however, contained a list of articles that had been looted, and is marked as Ex.P I. On the following day, the complainant again submitted an additional list of articles which had been looted and it is marked as Ex.P 2.

(3.) WITH regard to the first category of evidence, the trial Court did not believe the evidence about identification and acquitted the accused.