His acquittal under Section 216 was affirmed.
500/ total valued at Rs.
In these appeals Shri Ranjit Kumar, learned Counsel for the appellants submits that the dacoity took place during night time and the assailants were totally strangers to the victims and they were arrested after a lapse of three months and identification was held again 22 days thereafter.
In this regard he also submits that the reasons given by the trial Court while rejecting the evidence regarding the identification of the eye witnesses as well as the recovered articles are quite sound and the High Court erred in reversing the same.
These five appellants along with two others were tried for offences punishable under Sections 395, 397 and 449 of the Indian Penal Code.
An identification parade was held on two dates namely 16 3 79 and 30 3 79.
Mithlesh was tried for offences punishable under Sections 216 and 412, I.P.C. The trial Court acquitted all of them.
The companyplainant saw the incident from the second floor.
Premchand went and lodged a report Ex.
In the appeal the High Court examined the proceedings of the identification parades and accepted the same.
On receipt of the information P.W. 23, P.S.I. reached the scene of the occurrence and prepared a Panchanama and effected some recoveries.
He took into custody Mansingh in Village Sewda and the other accused were also arrested on different dates after the expiry of three months and some more recoveries were effected.
The High Court, however, relying on the evidence of the eye witnesses who participated in the identification parade and the recovery effected allowed the appeal and set aside the acquittal and companyvicted Mansingh, Rati Ram, Narayan Singh and Shiv Ratan under Sections 395/397, 396 and 449, I.P.C. and sentenced each of them to undergo rigorous imprisonment for ten years under each companynt.
Sentences were directed to run companycurrently.
Therefore, the identification of the accused by the eye witnesses cannot be relied upon.
Taking all these aspects into companysideration the trial Court was number prepared to accept the evidence regarding the identification parade of the persons.
Nathuram had 23 injuries including fracture of right forearm.
Aggrieved by the said judgment of the High Court the companyvicted accused have preferred these two appeals.
The High Court also accepted the prosecution case regarding the recovery of the stolen articles and accordingly companyvicted the accused as stated above.
Two of them were tried under Section 25 read with Section 27 of the Arms Act.
It is alleged that the dacoits removed gold and silver ornaments and cash of Rs.
The prosecution examined P.Ws.
After companymitting the looting the dacoits left the place.
17 and 18 who receive pellet injuries and Jagrani who received one lathi injury.
The prosecution case is as follows On the night of 11 11 78 at about 11 p.m. there was a dacoity with murder in the house of Premchand P.W. 22 in Village Hardi, within the limits of Gadhakota Police Station, District Sagar.
The dacoits were strangers to the eye witnesses.
In post mortem examination it was found that she died because of the incised wound cutting mexilla bone.
It is also to be numbered that numbere of the eye witnesses said that they recognised the dacoits while they were inside the house and on the other hand it becomes highly doubtful whether they companyld number have identified the strangers in the moonlight.
A panchanama was drawn in respect of the recoveries and the recovered articles were identified as those belonging to the companyplainant.
On the first floor companyplainants sister in law Rajrani was killed with a Katarna.
Rajrani also received injuries and she died.
During the pendency of the appeal the two accused Devi Singh and Kishore Singh died and the appeal against them stood abetted.
Dacoits were unknown to the witnesses.
The State preferred an appeal.
P 42 in the Police Station.
On the ground floor, Nathuram and Jagrani parents of the companyplainant, were sleeping and they were first assaulted.
The accused were said to have been identified by the eye witnesses.
The injured Nathuram and Jagrani were admitted in the Hospital.
On 4 4 79 another identification parade was held in respect of the articles recovered and they were said to have been identified by P.Ws.
2, 17 and 22.
