The court reiterated the principle that in a case of dacoity, it is not necessary for convicting the accused that he must have been named in the first information report. The court also held that where an accused on his own volition refuses to participate in a test identification parade, the prosecution cannot be blamed for not holding it.

These three Criminal Appeals have arisen out of the same judgment and or der, passed by the trial court, as such, all the three are being disposed of by this common judgment.

2. All these three criminal appeals, preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 (for brevity hereinafter Cr. PC.), are directed against the judgment and order dated 09-09-1985, passed in C. B. I. Case No. 170 of 1975, C. B. I. Case No. 79 of 1976 and C. B. I. Case No. 138 of 1977, by learned Special Judge, Anti Corrup tion/additional Sessions Judge, Dehradun, whereby the appellant Kabul Singh is convicted under Section 395 and 412 of the Indian Penal Code, 1860 (for brevity hereinafter I. PC.), appellant Raj Kumar is convicted under Section 395,412 and 414 of I. PC. , and each of the appellants Teerath Singh, Jaswant Singh, Man Singh and Surta Nand Nautiyal, is convicted under Section 412 and 414 of the I. P. C. Appellant Kabul Singh is sentenced under Section 395 of I. P. C. to undergo rigorous imprisonment for five years and to pay fine of Rs. 5,000/-, in default of payment of which, he is directed to undergo further six months rigorous imprisonment. He (Ka bul Singh) is also sentenced under Sec tion 412 of I. P. C. to undergo rigorous im prisonment for four years and to pay fine of Rs. 3,000/-, in default of pay ment of which, he is directed to undergo rigorous imprisonment for further period of three months. Sentence awarded to appellant Raj Kumar under Section 395 and 412 of I. P. C. is the same as that of appellant Kabul Singh. He (Raj Kumar) is also sentenced under Section 414 of I. P. C. to undergo rigorous impris onment for a period of two years. Each of the appellants Teerath Singh, Jaswant Singh, Man Singh and Surta Nand Nautiyal, is sentenced under Sec tion 412 of I. P. C. to undergo rigorous imprisonment for four years and to pay fine of Rs. 3,000/- in default of payment of which, each one of them is directed to undergo further three months rigorous imprisonment. Each one of these four appellants is also sentenced under Sec tion 414 of I. P. C. to undergo rigorous im prisonment for a period of two years. Sentences are directed by the trial court to run concurrently.

3. Heard learned counsel for the parties and perused the entire record.

PROSECUTION STORY :

4. Prosecution story, in brief, is that a dacoity was committed in the interven ing night of 9th and 10th October, 1974, in the Archeological Museum situated at Jageshwar Temple, District Almora. It is alleged by the prosecution that some 9-10 persons including accused Raj Kumar, Bali Ram (died during trial), Surta Nand Nautiyal (died during the period of appeal), Kabul Singh, one Jagdish Bahadur Saxena and Virendra Pal Singh along with others participated in the dacoity on said date. P. W. 21 Keshav Dutt Bhatt (informant), the Chowkidar of the Museum of Archeo-1ogical Survey of India (hereinafter re ferred as A. S. I.) was assaulted by the dacoits at the time of commission of dacoity, and his hands and feet were tied with ropes and his mouth gagged with piece of cloth. He was threatened at the point of knife that he would be killed if he dared to raise alarm. The said Chowkidar was confined by the dacoits in a small room before they left the place of incident. P. W. 21 Keshav Dutt Bhatt, the Chowkidar sustained injuries in the accident. According to the prosecution story, dacoits broke open the doors of the godown of the Museum, and decamped with an ashtha Dhatu (eight metal) idol (material Ext. 3) of PAWAN RAJA. The said idol was 4 feet 6 inches in height and 112 kilograms in weight. P. W. 21 Keshav Dutt Bhatt lodged the First Information Report (Ext. A-72) of the incident in the morning, at about 9:45 A. M. , on 10-10-1974, with Police Station Almora, which is at a distance of some 40 kilometers from Jageshwar Temple. In said report he mentioned that one of the bandits was Baram Singh, who was known to him. Initially, the investigation was with rev enue police

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