RAM LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellants, Ramlal and Ram Laliya, have been convicted under Sec. 395 I. P. C. and sentenced to rigorous imprisonment for seven years and a fine of Rs. 50.00 each.

(2.) It is alleged that they were among the five dacoits who committed dacoity armed with deadly weapons, in the house of Jagdish Narain Sharma on March 21, 1978 at 2 A.M. None of the dacoits was mentioned by name in the F. I. R. No description of any of the culprits was given in that document.

(3.) The appellants were arrested on Sept. 4, 1978. They were kept in the police lock-up till Sept. 8, 1978. They are said to have been put up for test-identification on Sept. 14, 1978. The prosecution case is that Jagdish Narain, Nanuram and Bhanwarlal correctly identified them in the parade.