( 1 ) SEVEN appellants, Bhagirath S/o Param, Shobha S/o Param, Bhaggi alias Bhagirath s/o Paltu Lodhi, Halkai S/o Bhure, Bhagirath S/o Dolu, Mullu S/o Raghunath and Girdhari S/o Nanhoo Kachhi have been convicted by the Additional Sessions judge, Damoh, under Section 395, Indian Penal Code, and each has been sentenced to five years' rigorous imprisonment.

( 2 ) THE prosecution story is that a dacoity was committed in the Taparia colony near the suburbs of village Piparia-Mishar in the jurisdiction of Batiagarh Police station on the night between 17th and 18th December 1956 in the bouses of ratansingh, Amansingh and Ganeshsing. On 18th December 1956 Purshottam Rao sapre Patel of the neighbouring village Kutri sent a written report (Ex. P-l), through the kotwar Jalam (P. W. 13 ). A list of ornaments plundered from the three houses was also sent (Ex. P-3 ). During investigation it was found that the dacoits reside in villages Mangola and Kabirpur. The two villages are close to each other. Appellants Bhaggi and Mullu are residents of village Mangola, while the other appellants come from village Kabirpur.

( 3 ) THE appellants all denied the charges and attributed their prosecution to enm

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