(1.) THIS judgment will dispose of three criminal appeals preferred against the judgment and order of the 1st Additional Sessions Judge, Bhagalpur dated 1st May, 1989 in Sessions Case No. 8/86. The appellants have been convicted under sections 395 and 412 of the Indian Penal Code and sentenced to R.I. for seven years under section 395 Indian Penal Code. No separate sentence has been awarded under section 412 Indian Penal Code.
(2.) IN the night of 22/23.5.1985 Md. Matin was sitting in Maharana Munsi Hotel with other traders and truck drivers were taking their meal in the said hotel. The hotel was situated about 3 kms. from Bounsi Police Station. At about 1.30 A.M. about 20 to 25 persons armed with bomb, pistol, lathi and chura surrounded the hotel and ordered the people inside the hotel not to move. The dacoits started looting the persons present in the hotel on the point of pistol and other weapons. They snatched Rs. 2800/ - from the pocket of the informant Md. Matin. The dacoits fled towards railway line. It so happened that Barahat Police and Bounsi Police arrived soon after the occurrence in the hotel and were informed about the dacoity. The police party and others followed the dacoits and succeeded in apprehending the dacoits. Stolen articles were recovered from the possession of each of the dacoits. All the appellants were arrested soon after the occurrence.
(3.) THE evidence is that the appellants were arrested near village Kakaria which is close to the village of the appellants. The appellants were not put on T.I. Parade. The stolen articles which are alleged to have been recovered from the possession of the appellants were identified. There is overwhelming evidence that the appellants were arrested soon after the occurrence and stolen articles were recovered from their possession. It is true that the appellants were not put on T.I. Parade, but in view of the undisputed evidence that they were arrested soon after the dacoity along with stolen articles in the early hours of the morning, there is no illegality in the conviction of the appellants under section 395 I.P.C.