2011 Supreme(All) 3337

[2012(1) ADJ 4 (NOC)]
ALLAHABAD HIGH COURT
BEFORE : VINOD PRASAD, J.
DHARAMVIR @ MASTER @ DAN SINGH ....Appellant
Versus
STATE OFU.P. ....Respondent
(Criminal Appeal No. 2683 of 1980, decided on 16th December, 2011)

Headnote:(Indian) Penal Code, 1860—Sections 395 and 412—Dacoity—Punishment for—Informant not examined by prosecution—First fact witness not interrogated by I.O.—Not believable that dacoits will flash torches on their faces to facilitate their identification—Availability of source of sufficient light not proved—Presence of lantern itself is not established—No charge under Section 412 of IPC framed—No corroborative evidence that appellant participated in dacoity—Co-accused has already been acquitted—Appellant, although unknown, had not taken precaution to conceal his identity during dacoity—Not believable—Delayed identification—Conviction set aside.