RAM SWAROOP Vs. STATE

JUDGEMENT

(1.) THE appellants, namely Ram Swaroop & Kanhiya have been convicted under Section 307 I. P. C. and sentenced to 3 years' R. I. with fine of Rs. 200/- in default 2 months' R. I. According to the prosecution version, the two accused Kanhiya and Ram Swaroop, were the decoits and they were responsible for stopping the Truck near village 'rijhoni'. Rameshwar was leader of that dacoits. THE police party reached there and the accused party started firing the guns. THE police party replied the encounter.

(2.) ROSHAN Lal (PW 5), Har Vilas (PW 6) were caught by these accused and were being kept as captives at that time. The dacoits party left them and ran away.

(3.) THE most important infirmity in the prosecution case is that both these persons namely Roshan Lal and Har Vilas have not identified the accused as the persons who were the dacoits in this encounter. Bar Vilas has categorically stated that these accused were not there in this incident.