Judgment

VADARAJAN, J.:- These appeals by special leave are directed against the dismissal of Criminal Appeals Nos. 1918 and 1923 of 1963 by a Division Bench of the Allahabad High Court. Those appeals in the High Court were filed against the conviction of nine accused persons, Om Prakash (A-1), Anoop Singh (A-2), Sheo Gopal (A-3), Raj Narain (A-4), Chandra Prakash (A-6), Mool Chand (A-12), Beni Singh (A-16), Ram Pal (A-17) and Lajjar Ram alias Raja Ram (A-18) under S. 396 I. P. C. and the sentence of imprisonment for life awarded to them by the learned Sessions Judge, Kanpur-Etawah at Kanpur in Sessions Trial No. 172 of 1969, in which in all 18 accused persons were tried. The trial Court acquitted the other nine accused, Bhoop Singh (A-5), Virendra (A-7), Ramadhin (A-8), Ranjit (A-9), Chhotay Lal (A-10), Chunni Lal (A-11), Bhanu Prakash (A-13), Dhani Ram (A-14) and Ram Gopal (A-15) in the alleged dacoity with murder at the house of Mauji Lal, Pradhan in Makhauli village, at about 1 A.M. in the night of 16/17-2-1968. In that incident Mauji Lal died and his wife Ram Shree (P. W. 2), Parasuram (P. W. 7) and P. W. 2s brother Ram Shankar (P. W. 8) are stated to have sustained injuries.

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