Allahabad Court August 1941 Judgments

Bansi and ors. Vs. Emperor

Court: Allahabad

Reported in: AIR1941All359

Allsop, J.1. This is a jail appeal by six men who have been sentenced to transportation for life under Section 395, Penal Code. We have been through the evidence and we consider that the convictions are justified. There was undoubtedly a dacoity and the only question which could arise was whether the appellants were concerned in it. The learned Judge pointed out that the evidence of the witnesses who purported to identify the appellants in jail was too good to be true and we are inclined to agree with him. On the other hand, he has based the convictions on the recovery of property from the appellants. We have examined the evidence under this head and we have come to the conclusion that the learned Judge is right in his decision that the appellants were guilty. Three of them denied that the ornaments which were identified by the witnesses for the prosecution were recovered from their possession. There is quite satisfactory evidence of the Sub-inspector and independent witnesses that the...