SHOBHA PARAM KACHHI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal has been preferred by six appellants: (1) Shobha s/o Parana, (2)Halkai s/o Bhure, (3) Bhagirath s/o Dallu (4) Girdhari s/o Nanhe, (5) Bhagirath s/o pram and (6) Punna alias Puran Lodhi, against their conviction under Section 395, indian Penal Code, and their sentences to five years' rigorous imprisonment each, by the Additional Sessions Judge, Damoh. This appeal arises from Sessions Trial no. 66 of 1957.

(2.) THE dacoity is alleged to have been committed by these six appellants on the night of 11-10-1956 at the house of Bahrain {p. W. 1) at village Kanora in which cash, silver and gold ornaments were taken away. A report of the occurrence (Ex. P-1) was lodged on 12-10-1956. But it was in connection with investigation of another dacoity that took place on 17-12-1956 at the taparias for hutments) on the suburbs of village Piparia-Mishar that the police officers investigated this offence also and found that the dacoits were from village Kabirpur. On 22-12-1956 the appellants are said to have made some discoveries and on 2412-1956 they were arrested and produced before the Sub-Divisional Magistrate, hatta, for recording their confessions. The said confessions were recorded on 2612-1956. The evidence about the confessions and the discoveries is the same as adduced in Criminal Appeal No. 366 of 1957 (Bhagirath v. The State of M. P.)decided by me on 12-9-1958, arising out of Sessions Trial No. 65 of 1957,

(3.) THE two witnesses, Ramcharan (P. W. 17) and Babulal (P. W. 19) deposed that every villager suspected of this dacoity was beaten by the Sub-Inspector of Police: that accused Mullu was made naked and asked to roam about in that condition; and that accused Budha was so much beaten that he passed stools.