Conviction under IPC Section 400 cannot stand on unreliable identification and discredited witness testimony, lacking corroborative evidence.

1. The appellants, six in number, figured as A - 1, A - 2, A - 3, A - 4, A - 6, and A - 7 in the trial Court. They along with six others were prosecuted under S.400 I.P.C. for belonging to a gang of dacoits, which had been formed under the leadership of one Bishen Singh with the object of habitually committing dacoities and other offences. It was alleged that in furtherance of the said conspiracy the accused participated in a number of dacoities spread over different Districts of Maharashtra, Mysore and Andhra Pradesh, and looted property worth Rs. 77,191/-. One of the persons involved in the said gang by name Mehtab Ali was made approver and a charge was laid against the accused appellants under S.400 I.P.C. before the 11 Assistant Sessions Judge, Hyderabad in Sessions Case No. 4 of 1960. The learned Sessions Judge on examining 309 witnesses and marking 243 documents for prosecution and after a prolonged trial convicted the appellants under S.400 I.P.C. and sentenced them to six years R.I. with a fine of Rs. 200/- each, and in default to suffer six months further R.I. Out of the 12 accused, four were acquitted, one died and one was discharged. The convicted accused have filed these appeals.

2. The allegation against the accused - appellants is that they constituted a gang of habitual dacoits under the leadership of one Bishen Singh. The conspiracy was hatched sometime in August or September 1956 at Begum Bazar. Bishen Singh, a resident of Akkalakot, was occupying a room near Muslim Jung Bridge, Begum Bazar, Hyderabad. That house was taken on rent by one Ramjiwangirji for residence and in a portion of the same building Bishen Singh was also living in those days. Bishen Singh's relatives and associates were frequently visiting Hyderabad. At the instance of Bishen Singh other accused also joined the gang and Bishen Singh volunteered to procure one rifle. It was agreed that the dacoities should be committed in the neighbouring Districts and so also outside the State after collecting necessary information from the villagers as to the availability of wealthy persons etc. Certain modus operandi was also adopted in the said meeting and it was further decided mutually that equal share should be given to the participants and non - participants alike irrespective of their sex. Only the person who was handling the rifle was to be given a greater share.

3. After this meeting arrangements began to be made for proceeding with the object of the unholy association. The first dacoity was committed at Ghousekonda and property worth about Rs. 14,077/- was looted. The second was also committed at Ghousekonda on the same date and property worth Rs. 58/- was taken. The third dacoity was committed on 18-11-1956 at Gangeda, the 4th at Gudur on 1-1-1957 wherein property worth Rs. 31,000/- was involved. The sixth was at Garji, where property worth about Rs. 6,000/- was looted. The 7th was committed at Dhanwada, Mahboobnagar on 25-12-1957 and property worth about Rs. 9,000 was looted. The 8th was committed at Vattem, Mahboobnagar and the 9th was also at the same place involving property worth about Rs. 4,000. The 10th dacoity pursuant to the designs of the gang was committed at Madharam, Nalgonda on 6-2-1958, the 11th dacoity on 9-3-1958 at Paidpalli, Warangal and the last at Kokut, Hyderabad District on 18-4-1958 in which property worth about Rs. 11,700/- was looted.

4. Thereafter, A - 1 and A - 3 were arrested on 29-3-1958, A - 4 on 19-4-1958, A - 2 and A - 6 on 3-7-1958 and A - 7 on 1-12-1958. The charge - sheet was laid on 22-7-1959. As stated above, the learned Sessions Judge after an elaborate trial involving the examination of as many as 309 witnesses for prosecution delivered the Judgment on 21-6-1961 convicting the appellants herein under S.400 I.P.C, a