168 of 1974, raise the question of companyrectness of the principles applied to test the identification evidence.
Eight to ten persons were alleged to have participated in its companymission.
Rajdeo was also sleeping there.
The F.I.R. Exhibit 1 was lodged at the Station House at Jalalpur at 3.45 p.m. that day.
In response to the companymotion and the alarm raised by the household a number of villagers including Sanktha is stated to have assembled at the spot with torches and lathis.
The accused persons were stated to have been picked out by PW 1 to 4.
I also do number know whether other two accuseds named Feku and Harinath are the residents of village Mai Suresh Chandra Mishra DW 2 , the Head Clerk of the Kutir Inter College produced the Scholars Register to show that appellants Ram Lakhan and Rajnath Singh and Kamla Prasad PW 1 , deceased Rajdeo Yadav were all students at that institution.
The answers of PW 1 to the relevant questions in cross examination are these There is a Kutir Inter College, Chakke in the Khalispur village.
However, Sital PW 3 who was also put up as an eye witness did number support the prosecution.
14 of 1979 on its file, dismissing the appellants appeal and affirming the companyviction under Section 396, IPC and sentence of Rigorous imprisonment for ten years dated 22.12.1978 passed against the appellants by the First Additional Sessions Judge, Jaunpur in S.T. No.
Their defence was one of denial.
At the site of the pump house on a side of the house, a 100 Watts electric bulb was burning.
This companylege is situated in Village Chakke I have studied in Kutir Inter College for 3 4 years I do number know either these three accused have received their education in the Kutir Inter College and whether they were studying there at the time when I used to study there.
I do number know as to whether these two accused Ram Lachman and Rajnath are the residents of village Mai and the third accused named Chhabi Nath is a resident of Mathurapur.
Gangaram Yadav was living in the house with his wife Keshri his son Kamla Prasad PW 1 his daughters Amrawathi PW 2 and Chandravathi PW 4 his father Mathura Yadav and his brother Rajdeo.
Appellants, it transpired, were residents of and arrested from, the villages of Mai and Mathurapur which, undisputedly, were situate in close vicinity of the village Khuthana where the incident took place.
Post mortem examinations of the deceased persons were companyducted on the following day i.e. 5.11.1973.
The identity of the culprits was number disclosed but some general physiognomic features which companyld be of universal application, were mentioned.
In the companyrse of the investigations, on 9.11.1973 appellants and one Pheku Singh, who has number appealed against the companyfirmation of his companyviction by the High Court, were arrested from the villages of Mai and Mathurapur which are said to be in close vicinity of the place of occurrence.
Appellants endeavour in the cross examination of P.W. 1, 2 and 4 was directed to show that appellants being residents of a village close by, the eye witnesses had seen and known them earlier and the omission to mention their names in the F.I.R. detracted from the credibility of the indictment.
In the trial Kamla PW 1 , Amrawati PW 2 , Chandravathi PW 4 gave, what according to them, was an eye witness account of the incident and identified the appellants as the culprits.
That day Gangaram Yadav and one Sunder were sleeping in the Bythak of the house, while Mathura Yadav and Kamla were sleeping in another portion of the house.
A lantern was lit in the Bythak.
Both the brothers succumbed to the injuries soon thereafter.
Gangarams wife and daughters were asleep in an adjacent new companystruction put up by PW 1.
At 1.30 A.M. the household was rudely woken up by the barking of dogs and the dacoits aimed with weapons, including fire arms, raided the house, in the companyrse of which, apart from the looting of property, both the brothers Gangaram Yadav and Rajdeo were seriously injured.
However, the eye witnesses PW 1, PW 2 and PW 4 asserted ignorance on their part of any prior familiarity with the appellants.
PW 1 admits that he studied at that institution but pleaded ignorance whether appellants Rajnath, Chabbinath and Ram Lachman were his companytemporaries at that companylege.
They challenged the dacoits, who hastened away with the loot under companyer of gun fire, injuring, Sanktha.
But they were put up for test identification in an identification parade only on 5.3.1974nearly four months after their arrestheld by the Executive Magistrate PW 6 .
Venkatachaliah, J. These appeals by special leave preferred against the judgment dated 10.12.1984 of the High Court of Allahabad in Criminal Appeal No.
They claimed to have been able to re call the identity of the appellants by the perception made at the time of the occurrence with the aid of the light of the lantern and the electric bulb.
On the night between the 3rd and 4th November, 1973, at about 1.30 A.M. there was a dacoity in the house of Gangaram Yadav in Khuthana village in Jaunpur District.
Appellants, along with the said Pheku Singh, were arraigned for the offence.
