When the other occupants of the jeep tried to get down one of the dacoits fired at them hitting both the Inspector and the Sub Inspector causing them bleeding injuries.
The companyvictions and sentences of Sheikh Habib alias Tabarak, the appellant in this Court and of Sheikh Quddua alias K.hudwa were maintained Sheikh Hasib alias Tabarak alone has appealed to this Court with Special leave under Article 136 of the Constitution.
This is what the High Court has said Appellant Hasib and Ashique Mian both belong to village Banaudha, and it was mentioned in the fard beyan ext.
He also said that the dacoits seemed to belong to the neighbouring villages and almost all of them were young.
On appeal the High Court set aside the companyvictions of Akal Yadav, Anandi Yadav and Ashique Mian and allowing their appeals acquitted them.
Ram Baran P W. 3 went away towards his village.
This description as to the residence of two of the dacoits was given before Hasib and Ashique Mian came to be arrested in companynection with this case.
They were then made to sit on one side, away from the main road.
The exact words used therein so far as relevant may herein be read The Inspector said that among the recognized dacoits he had recognized two dacoits well that they belonged to Banaudha a nearby village.
Monghyr, they saw a jeep car standing there with three police officers in uniform, a Sub Inspector of police Deo Dutt Prasad Varma, P.W 8, and an Inspector of police Jadunandan Singh, P.W. 10 along with driver constable Bansidhar Singh, P.W. 9 .
1 that the Inspector P.W. 10 had identified two dacoits well as belonging to village Banaudha.
He did number remember their names.
The evidence of P.W. 8 has number been relied upon by the High Court for companyvicting the appellant What is relied upon is the statement in Court of P.W. l0 because the High Court felt that it was companyroborated by Ex.
While passing in front of the police station of Monghyr on their way to the Sadar Hospital, the Sub Inspector and the Inspector informed the policemen at the police station about the dacoity in question near the Telia Talab and said that since they themselves had sustained injuries at the hands of the dacoits they were on their way to the hospital The dacoits had apparently disappeared in the meantime and numberody was caught at the spot.
When they reached Telia Talab crossing from where one road goes towards Jamalpur, another towards Bariarpur and the third one to wards.
Pursuant to this order Bansidhar, companystable, got down from the jeep but one of the dacoits aimed a lathi blow at him.
The jeep then drove away towards Monghyr in order to get the Sub Inspector and the Inspector P.Ws.
Exhibit 1 was the statement made by S.I. Deo Dutt Prasad Varma P.W. 8 to the police in the hospital.
It is number necessary to state any more facts for the purpose of the present appeal.
The Inspector P.W 10 ordered the companystable to get down and arrest the dacoits.
When they were sitting there, Thakur Prasad Choudhary P.W. 6 , resident of village Garhi Rampur and Mukhia of the village Panchayat and Ram Baran Mandal P.W. 3 also happened to companye on a rickshaw from Monghyr side and while passing by the place of occurrence they too were intercepted by the dacoits and deprived of their properties.
A woman named Dayabati Devi P.W. 4 and one Prayag Narain Gupta P.W. 5 , a homeopath doctor, who also happened to pass that way in a rickshaw were also attacked by the dacoits and forcibly deprived of their belongings.
Those articles were forcibly snatched from them on threat of violence.
Thakur Prasad Choudhary, Mukhia, narrated to them the occurrence of dacoity and the loss of his property and told them that the dacoits were still busy in their nefarious activities.
The jeep stopped near the place of occurrence and it is alleged that more than eight dacoits were found present at the spot.
After giving this information he accompanied those officers in the jeep to the place of occurrence.
In the meantime Ram Baran Mandal P.W. 3 and Thakur Prasad Choudhary P.W. 6 somehow managed to escape in their rickshaw.
These two dacoits are Hasib and Ashique Mian, the companyviction of both of whom was upheld by the High Court.
Thakur Prasad Choudhary pointed out to the police officers the place of occurrence as soon as it became visible in the light flashed by the headlights of the jeep.
8 and 10 treated in the hospital.
Ganesh Prasad P.W. 1 and his brother Kamaleshwar Tanti P.W. 2 who were going together on a cycle from Mong hyr to their village Nawagarhi, were held up by about 15 dacoits and were deprived of several valuable articles like watch, cycle, shirt, muffler and money.
