The prosecution must prove guilt beyond reasonable doubt; recovery without independent corroboration is insufficient for conviction.

JUDGMENT :

Sanjay Kumar Pachori, J.

1. The Present Criminal Appeal has been preferred under Section 374 of Code of Criminal Procedure (hereinafter referred to Cr.P.C .) against the judgment and order dated 30.08.1986 passed by Ist Additional Sessions Judge, Rampur in Session Trial No. 157 of 1983, Session Trial No. 209 of 1983 and Session Trial No. 210 of 1983, whereby the trial court convicted the appellant Aaram Khan under Section 412 of IPC and sentenced to undergo 3 years and six month rigorous imprisonment and acquitted under Sections 395 read with Section 397 of IPC and Section 25 of Arms Act. However, co-accused Shahadat has also been acquitted for the offence punishable under Section 395 read with Section 397 of I.P.C. and Section 25 of Arms Act.

2. Brief facts giving rise to the present appeal are that the FIR dated 09.03.1983 (Ex. Ka-1) has been lodged with regard to incident dated 09.03.1983, which had taken place at 01.00 A.M. against the co-accused Shahadat Khan and 7 to 8 unknown dacoits under Sections 395 , 397 of IPC alleging that at about 01.00 A.M. the appellant and 07-08 unknown dacoits caught hold the first informant Shyam Lal (P.W.-1) over the roof of his house and snatched his licensee gun .12 bore along with belt of cartridge and thereafter they committed offence of dacoity and made indiscriminate firing. After hearing the firing villagers came and the dacoits hide themselves behind the wall of house of Tularam and ablazed the garbage of maze. Thereafter dacoits entered into the house of Pyare Lal and Ghasi and dacoity has been committed in both the houses. Constable Madan Lal Sharma and Sheesh Ram Singh who reached at the spot, they sustained injuries of pellet, which had been fired by the dacoits over the police party near the river bank and police party caught hold Shahadat Khan on the spot and list of articles had been given by the first informant, which was looted by the dacoits. As per physical appearance of the dacoits and the language they used, they seem to be member of Muslim community.

3. During the investigation, Investigating Officer collected various articles and prepared sketch plan of the place of incident as place of recovery, memo of recovery of cartridge, Lantern, empty cartridge, licensee gun, torches and after recording pre summoning evidence of the witnesses, medical examination report of the injured persons submitted charge sheet against co-accused Shahadat Khan and appellant.

4. On committal, after considering the pre summoning evidence, charges had been framed against the appellant and co-accused Shahadat Khan under Section 395 IPC read with Section 397 , 412 of IPC and Section 25 of Arms Act on 16.11.1983.

5. To substantiate the charges against the appellant and other co- accused Shahadat Khan prosecution examined as may as 24 witnesses namely; Shyam Lal (P.W.-1), Banke Lal (P.W.-2), Manohar (P.W.-3), Bhagwan Das (P.W.-4), Mohan Swaroop (P.W.-5), Chhatra Pal (P.W.- 6), Raja Ram (P.W.-7), Mohan Dei (P.W.-8), Intkhab Hasan (P.W.-9), Madan Lal Sharma (P.W.-10), Dulichand Vats (P.W.-11), Bhanwar Singh (P.W.-12), B.K. Juaal (P.W.-13), Dorilal (P.W.-14), Padam Singh (P.W.-15), Chandra Singh (P.W.-16), Mahendrapal Singh (P.W.-17), Masi-ul Hasan Nakvi (P.W.-18), Janardan Bhatt (P.W.-19), Rajbir Singh (P.W.-20), Mahak Singh (P.W.-21), V.S. Rana (P.W.-22), M.C. Misra (P.W.-23) and Ramraj Singh (P.W.-24).

6. After examination of prosecution witnesses, trial court recorded the statements of the appellant under Section 313, Cr.P.C . wherein he stated that the prosecution has produced false evidence due to enmity. The appellant