6 was identified by P.Ws.
A test identification parade was held by the Deputy Collector Magistrate 1st Class PW.
In the companyrse of the dacoity, Birbal along with the companyductor P.W. 3 was taken outside the bus and questioned as to whether he recognised the dacoits.
The above six appellants accused took their trial on the allegations that on 26 5 73 at about 11 p.m. near village Ganaur at the road side they all companymitted dacoity and in the companyrse of the companymission of such dacoity caused the death of one Birba and also looted cash, wrist watches and ornaments etc.
33 under the directions of the District Magistrate on 18 6 73 73 within the lock up premises at Sidhi where 34 other under trial prisoners were mixed up with the Suspects.
P.W. 3, Motilal Gupta and P.W. 8, Sultan Ali were the companyductor and driver respectively of the bus.
The trial Court accepting the evidence let in by the prosecution companyvicted accused Nos.
U3 and 8, accused No.
3 was identified by P.Ws.
After looting the passengers of their valuables, the accused made good their escape after deflating the tyres.
4 was identified by P.Ws.
The witnesses identified the accused as follows A1 was identified by P.Ws.
The passengers were stunned and became panicky.
1, 2, 5 and 6 but, also allowing the State appeal cannot be justified since the evidence let in by the prosecution does number satisfactorily make out a case against all the, appellants.
After companypleting the investigation the charge sheet has been filed against all the six accused.
Accused No.
and that in the companyrse of transaction they were armed with the guns, pistols and knives.
P.W. 27 after hearing the incident of dacoity instead of proceeding further took P.W. 1 to the Police Station for reporting the matter at Churhat police station.
1, 2, 5 and 6 and sentenced each of them to undergo life imprisonment for the major offence under Section 396, I.P.C. and also companyvicted and sentenced them for the other offences for various terms of imprisonment with a direction that all the sentences to run companycurrently.
He also seized two companyntry made 12 bore pistols in pursuance of the statement of the first accused.
When the bus had hardly companyered four miles beyond the Mohania barrier and was crossing through the hilly terrain of Edmore range within the Revenue village of Canaur, the driver suddenly found that the road ahead was blocked by boulders.
1 to 5 and 32, the second accused was identified by P.Ws.
The State on being dissatisfied with the order of acquittal of accused Nos.
PI at about 12.30 in the night.
2, 5, 8 and 9.
3 and 4 were acquitted.
2 5, 8 and 13.
He replied in the negative.
Accused No.
In addition to above AT has been companyvicted under Section 27 of the Arms Act sentenced to undergo rigorous imprisonment for a period of three years and this sentence was also directed to run companycurrently along with other sentences.
On the companyfession given by the second accused Arjun Singh several articles which were the subject matter of dacoity were recovered.
The Station House Officer came to the scene spot and found the dead body lying.
Feeling aggrieved by the judgment of the trial Court the companyvicted accused preferred appeals before the High Court.
Not being satisfied with his reply, one of the dacoits fired at Birbal from a close range and killed him.
During the companyrse of the investigation he seized the empty cartridges Ex.
For better understanding and easy appreciation of the facts of the case, we are making reference to the appellants in the order as arrayed before the trial Court.
3 and 4 preferred its appeal challenging the order of acquittal of the two accused persons.
In the meantime, the driver P.W. 8 changed the deflated wheel and brought the bus to the police station with passengers leaving the dead body at the spot.
1 to 5, 8, 9 and 13, accused No.
On 3 6 73 at about 2.15 p.m. the first and the second accused were arrested and interrogated.
5 was identified by P.Ws.
The occurrence took place at about 11 p.m. in a hilly terrain area.
But even before the passengers companyld alight from the bus, some of the dacoits entered through the drivers window and companypelled the driver to put on the lights.
A little later two trucks came together from Rewa side and cleared the road.
There were about twenty passengers in the bus of whom one was Bibral Ali the deceased herein belonging to village Patauta, to which A1 to A3 belong.
Accused Nos.
The High Court for the reasons assigned in its companymon judgment dismissed the appeal preferred by the companyvicted appellants Nos.
9 and 13.
NPA 5282 proceeded from Birshinghpur of Satna District via Gurh and Churhat for Sidhi.
The brief facts of the case as disclosed from the evidence adduced by the prosecution can be summarised as follows On 26 5 73 at about, 11 p.m. a passenger bus bearing Registration No.
He woke up the Station House Officer at his residence and dictated the First Information Report Ex.
The fifth and the sixth accused were arrested at about 10.30 p.m. on the same day, On the information given by the fifth accused a watch and some ornaments were recovered.
There were some gun shots from the right side of the bus.
On the above allegations, various charges were framed against the appellants under Sections 396, 395 and 395 read with Section 397, I.P.C. and under Section 27 of the Arms Act.
He held inquest over the dead body and sent the same for post mortem examination.
The driver brought the bus to a halt.
By the time P.W. 27, a Medical Officer, came on his motorcycle from the opposite direction.
At the time of the arrest of the sixth accused, he was wearing a Titan watch which was seized under Ex.
P7, prepared a site plan, Ex P12 and examined the witnesses.
