Kidwai, J.

[1] On the night between the 10th and the 11th October 1950, the three houses of Umrao Gaderia, Chutta Ahir and Tulsi Teli, facing each other in. village Bakania, were looted by dacoits said to number between 30 and 40. Pararn Sukh (P.W. 1), a neighbour, was woken up by the noise of the dacoity and went to Nimsar, where the police was posted in connection with Mela duty, for help. At the temple of Lalta Debi he met Head Constable Hem Singh and some Constables including P, W. 4, Ram Saran and told them about the dacoity. The Head Constable directed him to the Station Officer Misrikh, Sub-Inspector Ram Karan Singh (P.W. 38) who was staying in a Dharamshala nearby. The Sub-Inspector recorded a first information report dictated by Param Sukh, (Ex. 12), and proceeded to the spot immediately with the police Constables armed with muskets but they adopted different routes so as to reach the spot from two different directions.

[2] The dacoity was still in progress. There was an exchange of fire between the dacoits and the police party, Most of the dacoits managed to escape with much of the stolen property but Chunnu was beaten down with lathis and arrested on the spot with some stolen property. Ram Dayal who had a pistol, Ram Lal and Badlu received gunshot injuries and were also arrested immediately: Ram Dayal and Ram Lal being arrested at the scene of the dacoity while Badlu who had managed to screep away was captured in a Bajra field.

[3] Various other persons were arrested on various, dates and all, except the four persons arrested on the spot, were put up for identification on the 11th of November and the 13th and 21st December, 1950. After the completion of investigations the persons who had been identified and the four persons caught on the spot were prosecuted and Badlu, Chunnu, Ram Dayal, Ram lal, Faqirey, Chaudhi, Bhikari, Bindra, Jia Lal, Tilak, Gulzari, Puttu, Sukha, Maiku and Dularey were committed to stand their trial in the Court of Session at Sitapur, while Ram Singh and Lachhman were discharged.

[4] In the Sessions Court Chunnu pleaded that he was not arrested on the spot but at the mela. Ram Dayal, Ram Lal and Badlu pleaded that they were together proceeding about their lawful business and were implicated because of police enmity. Puttu, Faqirey, Bindra, Bhikari, Maiku, Jia Lal and Chaudhi also pleaded enmity with the police. Sukha pleaded enmity with the village Chaukidar. Gulzari and Tilak pleaded enmity with local zamindars. Dularey pleaded enmity between his Samdhi and the witnesses.

[5] The prosecution produced 40 witnesses. Of these only P.W. 1 Param Sukh, P.W. 2 Dalla son of Chutta, P.W. 3 Shrimati Mohana, daughter-in-law of Umrao, P.W. 4 Constable Ham Saran, P.W. 5 Shrimati Janka, wife of Umrao, P.W. 6 Umrao himself, P.W. 7 Kishan, son of Chutta, P. Ws. 8, 12, 19, 20, 21, 22, 23, 24 Mangrey, Pragi, Simma, Pitambar, Bishnu, Shankar, Natha, and Jhalloo neighbours, P. Ws. 9 and 11 Chiddu and Misri, sons of Umrao, P.W. 10 Jai Rani, daughter of Tulsi, P.W. 13 Narain brother of Tulsi, P.W. 34 Tulsi and P.W. 38 Sub-Inspector Ram Karan Singh deposed to the factum of the dacoity and the participation of the accused in it. The rest are more or less formal witnesses.

[6] The learned Additional Sessions Judge convicted all the accused before him, except Gulzari, against whom he did not consider that there was sufficient evidence. All the persons convicted have appealed, but only Chunnu, Ram Dayal, Badlu Tilak and Jia Lal appellants in Appeal Nos. 76 and 08 of 1952 are represented by counsel; the others have filed jail appeals. Their appeals are Nos. 181 to 189 of 1952.

[7] Ram Dayal was also convicted in a separate trial under Section 19(f), Anns Act. He has appealed in that case also and his appeal is No. 77 of 1952.

[8] Manna was tried separately in respect of the same case and he has also been convicted. He has filed an appeal through counsel which is No. 427 of 1952.

[9] The appeals came up for hearing before