JUDGMENT - (1) The three appellants were convicted under S.395 of the Indian Penal Code and each of them was sentenced to rigorous imprisonment for three years by the learned sessions Judge, Akola in Sessions Trial No. 8 of 1959 The charge against the appellants was that on 11th September 1958 they, along with two others, committed dacoity and looted grocery articles belonging to the Akbarali Syed Anwar and thus committed and offence under section 395 of the Indian Penal Code.

(2) Akbarali Syed Anwar has a grocery shop at Khetri and his son-in-law Abdul Munaf is working in his shop. A few days prior to the last pola day, he sent Abdul Munam and one Jardarkhan rto make purchase from Khamgaon from the shopof one Haji Adam Bodabhai, with which shope he had on a Khata. Rs. 500 were paid by him for being paid to the Khamgaon shop towards his previous dues. Abdul Munaf and Jardarkhan left Khetri on 9th September 1958 and reached Khamgaon via Balapur in the evening Rs.500/- were paid in theshop of Haji Adam Bodabhai and Abdul Munaf and Jardarkhan stayed overnight at Khamgaon. On the next day, Abdul Munaf, purchased grocery articles worth Rs.900/- and Jardarkhan purchased articles worth Rs.600/- consisting of wheat, edible oil, gram dal, cocunts Bidis, betelnuts etc. These rticles were given from the shop by one Abu who, it appears, wrote chits bearing Akbaralis name and put those chits on the oil this which were purchased. A torch of 2 cells was also purchased byAbdul Munaf from Taheri shop, at Khamgaon. On the 10th in the evening a truck was engaged and the goods were loaded into that ruck and at about 8-30 p.m Abdul Munf and Jardarkhan left Khamagon. They appear to have been held up at Balapur on accunt of the rains and on 11th September at 11 a.m. they reached Babhulgaon where the truch had to be unloaded because there was only Kacha road from Babhulgaon to Khetri. In accordance with the instructions left at Khetri 21, donkeys had been sent to Babhulgaon at about 1 P.M. for taking these articles to Khetri 21 donkeys had been sent to Babhulgaon at about 1 P.M. for taking these articles to Khetri. The owners of these donkeys were Govinda, Mara, Sheoram and Motiram. The grocery articles were loaded on these 21 donkeys The articles purchased by Abdul Munaf were loaded on 12 donkeys belonging to Mara and Govinda, while the grocery articles purchased by Jhardarkhan were loaded on 9 donkeys to wards Khetri. Abdul Munaf and Jardarkhan asked them about the remaining 12 donkeys, but both of them told them that the donkeys would come soon. The party thereafter proceeded to Chatari. It may be mentioned that the distance. Then shouts and abuses were hared by them and Abdul Munaf flashed his torch to see what was the matter, when he saw the present apellants and two others. According to the prosecution. Abdul Munaf knew accused Nos. `1 and 2 by their names and the other three by their faces. Accused No. 1 Bakshia, it is alleged, put a sickle around Abdul Munafs neck and someone snatched the torch from is hand. It is the prosectuion case that the dacoits, who were coming from the posite direction, asked sheoram to get down from the donkey and sheoram, being frightened, got down from the donkey and went back running towards Motiram. It apears that when the dacoits approached. Abdul Munaf and Jardarkhan, Sheoram and Motiram ran away with the 9 donkeys towards Khetri. When Abdul Munaf was attacked by one of the dacoits, Jardarkhan went ahead and asked them what the matter was, and the accused are said to have rushed at Jardarkhan also. Accued No. 1 is the alleaged to have put his sickle round jardarkhan neck, but Jardarkhan managed to escape. Abdul Munaf were running to Khetri and told Akbarali,who was sitting in the groery shop, that accused No. 1 Bakshia and accused No. 2Rustum and three other Mahars of Chatari had tried to loot their goods. In the meanwhile sheoram and Motiram arrived with the 9 donkeys. The goods on those donkeys with the were u

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