JUDGMENT

Bhide, J. - These six appeals (Nos. 108,109, 255, 256 and 286 and 287 of 1927; are connected and will be disposed of together.

2. Six persons, viz., Gagi Santa Singh, Chanan Singh, Pala Singh, Bachan Singh and Mohan Singh, were prosecuted for two dacoities committed by them on the evening of the 7th October 192.5. The trials were held separately, but the facts being connected, the learned Magistrate has disposed of the cases in one judgment. In each case, all the accused except Mohan Singh were convicted under Sections 395/397, I.P.C., and sentenced to rigorous imprisonment for seven years, the sentences to run concurrently. From this decision Santa Singh, Bachan Singh, Pala Singh, and Gagi have appealed in each case. Bachan Singh and Pala Singh having filed a joint appeal there are thus six appeals before me for disposal.

3. The facts are briefly as follows:

(1) On the evening of the 7th October 1925, Harnam Singh of Mandi accompanied by Kundan Singh and Fauja Singh, when on the way near Purana Kahna he was set upon by five or six dacoits. He was belaboured with lathis and was robbed of his gun and a belt of cartridges. Harnam Singh went on to the village and lodged a report at the Thana. Harnam Singh's skull was injured and the injury appearing serious he was sent to the Mayo Hospital for treatment. He eventually died from the effects of the injury after some four months, but before he culprits could be traced. This will be referred to hereafter as the "gun" case.

(2) On the same evening one Bhag Singh of Ladhoke Bhullar was returning to his village on his mare from the same Mandi. He was followed at a short distance by two men Sadar Din and Khuda Bakhsh. When Bhag Singh came near the road to the village Sajjada, he was attacked by four men. He was dragged down from the mare and belaboured with lathis. When he raised an alarm one of the robbers fired a gun and hence none came to his rescue. The robbers eventually decamped with the mare, saddle and a blanket. Bhag Singh went to the thana to report the matter, but the munshi at the Thana wanted money and as Bhag Singh was not willing to bribe him he merely recorded a report about the mare having gone astray. This will be referred to hereafter as the "mare" case.

4. No trace of the culprits in the above two cases was forthcoming till Gagi, appellant, who was arrested on the 5th January 1926, in connexion with certain dacoities gave information relating to them. Gagi mentioned the present appellants and Mohan Singh as having beer responsible for the two robberies committed on the 7th October 1925. The gun and the mare were found and after investigation six persons were prosecuted under Sections 395/397, I.P.C., as stated already.

5. The commission of the robberies as alleged appears to have been established beyond any doubt. The report as regards the "gun" case was recorded immediately after the occurrence and Harnam Singh's story was supported by the injuries on his person. In the case of Bhag Singh no report as regards the robbery was taken down by the Police, but there seem no good reasons to doubt the genuineness of the story put forward by Bhag Singh. The report about the astraying of the mare seems rather suspicious for reasons given by the learned Magistrate. The identity of the mare has been established beyond any doubt. If the mare had really gone astray, it does not appear why a false story as to dacoity should have been concocted either by Gagi or the police. There was another case against Gagi and the appellants and the Police had no motive for setting up a false case at all.

6. The guilt of the appellants in these cases rests mainly on the evidence of certain eyewitnesses who are alleged to have seen them at the time of the commission of the offences and identified them after their arrest and in the case of Pala Singh also on a retracted "confession." I shall first deal with the oases of Santa Singh, Bachan Singh and Gagi, who have not made any confession.

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