Judgment

GUPTA, J.:- On the night between the 19th and the 20th of August 1967, a dacoity is said to have been committed in the house of one Bahar Husain in village Mian Ganj, near Police Station Shahabad in District Rampur. The first information report is stated to have been lodged by Bahar Husain (P. W. 1) at 5 A. M. on the 20th August, 1967. The report contains a detailed description of the articles alleged to have been looted. Three persons, Nanhey, Kallo alias Kallan and Mohammed Yameen were tried in connection with the crime and were convicted by the Additional Sessions Judge, Rampur, under Section 395 of the Indian Penal Code and each sentenced to rigorous imprisonment for seven years. Another person named Chhajju was convicted under Section 411 of the Indian Penal Code and sentenced to rigorous imprisonment for one year. The Allahabad High Court on appeal acquitted all the accused except Nanhey. Nanhey has preferred the present appeal with special leave obtained from this Court.

2. The reasons which weighed with the High Court in acquitting the accused persons other than Nanhey are these. Bahar Husain (P. W. 1) on cross-examination failed to give any details of the articles s