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1963 Supreme(All) 18
ALLAHABAD HIGH COURT
S. D. SINGH AND T. RAMABHADRAN, JJ.
Sheo Nandan, Appellant
v.
The State, Respondent.
Criminal Appeal No. 359 of 1961 with. Govt. Appeal No. 693 of 1961,
Decided on : 24 -1 -1963.
S.S. Tewari, for the Appellant; Deputy Govt. Advocate, for Respondent.
The identification of the accused was flawless and the allegation that the accused were shown to the witnesses before they were identified by them was baseless and was not borne out by the evidence on record. The evidence of the identifying witnesses was corroborated on a large number of material points not only by other prosecution witnesses but also by material circumstances occurring in the case. The identification proceedings were held within a reasonable time after the occurrence and there was no reason to doubt the identification of the accused by the witnesses.
Headnote:
CRIMINAL APPEAL - CONVICTION - IDENTIFICATION OF ACCUSED - CORROBORATION OF EVIDENCE - SECTION 396, 120-B, I.P.C. - Where the identification of the accused was flawless and the allegation that the accused were shown to the witnesses before they were identified by them was baseless and was not borne out by the evidence on record, the conviction of the accused was upheld. The evidence of the identifying witnesses was corroborated on a large number of material points not only by other prosecution witnesses but also by material circumstances occurring in the case. The identification proceedings were held within a reasonable time after the occurrence and there was no reason to doubt the identification of the accused by the witnesses.
Fact of the Case:
A daring dacoity took place at about 8.30 P.M. on 2nd February, 1959, in a second class compartment in 216-Down train of the North Eastern Railway between Lakshmiganj and Ramkola railway stations. Shanker Das, a cashier in the Ramkola Sugar Mills, was carrying cash of rupees one lac for distribution of salaries in a steel locked suitcase or trunk (Ex. 2) and had Lal Bahadur, an armed guard, with him for the safety of the box. Both of them held monthly tickets for Ramkola. They arrived at railway station Gorakhpur at about 5 P.M. and when the train arrived at 5.40 P.M., they occupied a second class compartment in a composite bogie FST 2314 (which bogie was composed of a First Class, a Second Class and probably two Third Class compartments). Four other persons, who subsequently, according to the prosecution case, turned out to be the dacoits, occupied the first and second berths from Gorakhpur. Six other persons, who are said to be their companions and among whom were Nagina and Sheonandan took their seats in the adjoining third class compartment to the west of the second class compartment. But it is said that as the train moved on the four passengers in the second class compartment or two or more of them would get down and go and talk over to their six companions in the third class compartment at each of the railway stations, Kuraghat, Pipraich, Bodarwar, and Captainganj. At Captainganj, where the train stopped for about half an hour, all these persons are said to have gone to a tea stall, where there was a lighted petromax and to have taken tea. At Lakshmiganj, which is the next station on this side of Ramkola, the six companions of these four persons, who were sitting in the third class compartment, also came over to the second class compartment and stood up in the gallery between the two doors to the west of the first berth. After the train had gone from Lakshmiganj for about two miles, Shanker Das handed over the key to Lal Bahadur, and asked him to unlock the chain with which the box was secured. Lal Bahadur unlocked the chain and handed over the key thereafter to Shanker Das. Just then the person, who was sitting just behind Lal Bahadur, i.e., occupying the third seat (counting from north) on the second berth got up, whipped out a country made revolver and fired at Lal Bahadur at close range. He fired several other rounds with the same revolver whereafter three or four among the dacoits proceeded to pick up the box. Shanker Das offered some resistance but he was beaten. Even he and Satya Narain Gupta, who was sitting next to him, were injured. The box was then removed by the dacoits and thrown out of the door near a culvert. As the train slowed down near the distant signal, the ten persons got down one after the other and it is alleged that thereafter they picked up the currency notes and disappeared. The firing of the gun attracted the attention of the passengers in the third class compartment. One of them Ram Autar (P.W. 4) is said to have a torch with him which he flashed out of the window. He tried to stop the train by pulling the chain, but the chain gave way and consequently did not work. Other passengers in the compartment also peeped out of the windows and saw the dacoits dropping out from the compartment one after the other and then running away towards west.
Finding of the Court:
The identification of the accused, Nagina and Sheonandan, was flawless and the allegation that the accused were shown to the witnesses before they were identified by them was baseless and was not borne out by the evidence on record. The evidence of the identifying witnesses was corroborated on a large number of material points not only by other prosecution witnesses but also by material circumstances occurring in the case. The identification proceedings were held within a reasonable time after the occurrence and there was no reason to doubt the identification of the accused by the witnesses.
Issues: 1. Whether the identification of the accused was flawless and the allegation that the accused were shown to the witnesses before they were identified by them was baseless and was not borne out by the evidence on record? 2. Whether the evidence of the identifying witnesses was corroborated on a large number of material points not only by other prosecution witnesses but also by material circumstances occurring in the case? 3. Whether the identification proceedings were held within a reasonable time after the occurrence and there was no reason to doubt the identification of the accused by the witnesses?
Ratio Decidendi: 1. The identification of the accused was flawless and the allegation that the accused were shown to the witnesses before they were identified by them was baseless and was not borne out by the evidence on record. 2. The evidence of the identifying witnesses was corroborated on a large number of material points not only by other prosecution witnesses but also by material circumstances occurring in the case. 3. The identification proceedings were held within a reasonable time after the occurrence and there was no reason to doubt the identification of the accused by the witnesses.
Final Decision: Criminal Appeal No. 359 of 1961 filed by Sheo Nandan is dismissed. Govt. Appeal No. 693 of 1961 is allowed. Nagina is convicted under Sections 396 and 120-B Indian Penal Code and sentenced to imprisonment for life for the former offence and to ten years' rigorous imprisonment for the latter. The two sentences will, however, be concurrent.
SINGH, J. : This appeal and connected Government, Appeal No. 693 of 1961 arise out of Sessions Trial No. 5 of 1960 in which two persons, Nagina of village Sipaya and Sheonandan of village Iswapur in Bihar, were tried for offences under Ss. 120-6 and 396, I.P.C. The Additional Sessions Judge, Gorakhpur, acquitted Nagina, but convicted Sheonandan under both the provisions and sentenced him to imprisonment for life under Section 396 and to 10 years rigorous imprisonment under Section 120-B, I.P.C. He has, therefore, come up in appeal against his conviction and sentence as aforesaid, while the State of Uttar Pradesh has filed the appeal against the acquittal of Nagina, for the aforesaid offences. These two appeals were heard together and we propose to deal with both of them in the same judgement.
2. A daring dacoity took place at about 8.30 P.M. on 2nd February, 1959, in a second class compartment in 216-Down train of the North Eastern Railway between Lakshmiganj and Ramkola railway stations.
3. Shanker Das (P.W. 3) is a cashier in the Ramkola Sugar Mills. He cashed a cheque for rupees one lac for distribution of salaries on 2nd February, 1959, at the Central Bank at Gorakhpur and received the amount in 14 bundles of currency notes as below :
One bundle of Rs. 100/- each Rs. 10,000.00 Np.
Eight bundles of Rs. 10/- each Rs. 80,000.00 "
One bundle of Rs. 5/- each Rs. 5,000.00 "
One bundle of Rs. 2/- each Rs. 2,000.00 "
Three bundles of Rs. 1/- each Rs. 3,000.00 "
Rs. 1,00,000.00 "
He carried the cash in an old steel locked suitcase or trunk (Ex. 2) and had Lal Bahadur, an armed guard, with him for the safety of the box. Both of them held monthly tickets for Ramkola. They arrived at railway station Gorakhpur at about 5 P.M. and when the train arrived at 5.40 P.M., they occupied a second class compartment in a composite bogie FST 2314 (which bogie was composed of a First Class, a Second Class and probably two Third Class compartments). There were four parallel berths in the compartment which have been referred to by the Sessions Judge in his judgement as berths 1 to 4 beginning with the berth next to the door on the western side. Berths 1 and 2 faced one another and so did the berths, 3 and 4. There was open space to the south of berths 1, 2 and 3 while berth 4, which was on the extreme east, covered the whole width of the compartment from the window on the northern side to the window on the southern side. Shanker Das occupied the third seat on the fourth berth counting from the northern side and Lal Bahdur the third seat counting from the same direction on the third berth. Lal Bahadur and Shanker Das were thus sitting face to face and the steel box is said to have been placed by them, under the fourth berth and secured to one of the legs of that berth with a locked chain. One Ram Nandan Srivastava who was going to Padrauna, occupied the first seat on the fourth berth and Sri Sohan Lal, Assistant Engineer in the Ramkola Sugar Mills, the second seat on that berth. The fourth seat on that berth was occupied later at a subsequent railway station by one Sri Satya Narain Gupta. The first two seats on the third berth were occupied by Mr. and Mrs. Narendra Nath Sinha.
Four other persons, who subsequently, according to the prosecution case, turned out to be the dacoits, occupied the first and second berths from Gorakhpur. Six other persons, who are said to be their companions and among whom were Nagina and Sheonandan took their seats in the adjoining third class compartment to the west of the second class compartment. But it is said that as the train moved on the four passengers in the second class compartment or two or more of them would get down and go and talk over to their six companions in the third class compartment at each of the railway stations, Kuraghat, Pipraich, Bodarwar, and Captainganj. At Captainganj, where the train stopped for about half an hour, all these persons are said to have gone to a tea stall, where there was a ligh
