NANHE Vs. EMPEROR

JUDGEMENT

(1.) This is an appeal by Nanhe and Abdual Hasan from an order convicting them under Section 395 read with Section 397, I. P. C, and sentencing them each to seven years rigorous imprisonment. There can be no doubt as to the facts of the dacoity. On 15 January 1925, at about 7 p. m., seven or eight dacoits surrounded the house of Shyam Lal Padhan. They were armed with guns, sword, spear, knives and lathis. Shyam Lal was outside in the verandah and his wife Mt. Phul Kali was inside, and her statement is that three dacoits entered the house, one of whom was armed with a sword and the other two had knives with them. They caught hold of her and stripped her of her silver and gold ornaments which she was wearing. They also beat her and asked her to point out where the other valuables were. She was dragged outside the house, was slapped and dragged up to a pipal tree which is about 30 or 40 paces from the house. On an alarm being raised the villagers arrived and then the dacoits fled away. In order to scare away the villagers gunshots were also fired at them. One of the villagers was seriously injured and fell down senseless on the ground. Mt. Phul Kali got scratches on her neck and wrists.

(2.) There can be no doubt that Mt. Phul Kali was in a good position to see the faces of these dacoits who took away the ornaments from her body and dragged her outside the house.

(3.) The two appellants were mixed up with 16 other undertrial prisoners at the jail identification parade and Mt. Phul Kali was able to pick them out without committing any mistake. She again identified them before the Magistrate and also before the Sessions Judge without making any mistake, There is other evidence to corroborate her identification. The accused were also seen by other witnesses in the company of other strangers coming in a cart. The learned Judge was fully satisfied that the evidence of Mt. Phul Kali supported by all the circumstances proved the guilt of these accused. I agree with this conclusion. There is absolutely no reason to doubt that Mt. Phul Kali identified these appellants.