JUDGMENT Ramabhadran, J. - These three appeals arise out of the Sessions Trial No. 10 of 1963, wherein four accused persons, including the three appellants were tried of an offence under Section 395 IPC on the footing that they had participated in an armed dacoity that was committed at the houses of various persons in Village Bhian, P.S. Jalesar, District Etah, on the night intervening 6th and 7th June, 1961. The three appellants were found guilty and were accordingly convicted and sentenced to undergo ten years' rigorous imprisonment each. The fourth accused Gyan Singh was, however, acquitted. Toofan Shah and Subedar have filed their appeals through counsel, while Rachpal Singh's appeal is from jail. The three appeals have been heard together as they arise out of the same trial. 2. There can be no doubt that a large number of dacoits, said to be 20 or 25, did raid the Village in question and committed dacoity at the houses of Sheitan Shah (P.W.8) and others, during the course of which injuries were caused to Sri Pal Shah, (P.W.5). Torches were flashed not only by the dacoits but also by the Villagers. Two bundles of dried Arhar plants and thatch grass were set on fire by some of the Villagers with the result that there was a bright conflagration in whose light the features of the dacoits were seen. The dacoity lasted for about one and a half hours, after which the dacoits fled taking the booty with them. The F.I.R, in respect of this dacoity was lodged at P.S. Jakesar on 7.6.1961 at 7.15 a.m. by (P.W.5), Sri Pal Shah. It was written report. Police investigation followed. The appellants were arrested during the course of investigation and put up for identification. It is on the result of That identification that the appellants have been convicted. 3. It would be convenient to discuss the case of each appellant separately. 4. Toofan Shah. - This appellant who is a resident of Village Ramraipur, was arrested on 23-6-1961 and sent to jail on the following day. He was put up for identification on 17-7-1961 at the District Jail, Etah in the presence of Sri S.N. Sagar (P.W.12) a first Class Magistrate. Out of the 20 witnesses, who were called to the parade, four correctly picked out Toofan Shah. He was put up for identification on 17-7-1961 at the District Jail, Etah in the presence of Sri S.N. Sagar (P.W.12) a first Class Magistrate. Out of the 20 witnesses, who were called to the parade, four correctly picked out Toofan Shah. They are Asik Shah (P.W.1), Shahzad Khan (P.W.2), Chhattar Pal (P.W.3) and Pooran Shah (P.W.6), none of whom made the mistake. To the identifying Magistrate, the objection taken by this appellant was that the witnesses who had been called to the parade knew him since previously and further that he had been shown to them at the Thana. 5. At the trial, Toofan Shah denied having participated in the dacoity and alleged false implication due to enmity and village factions accepting the evidence of identification and rejecting the plea of this appellant the trial Judge held him guilty and accordingly convicted him. 6. In appeal, his learned counsel urged vehemently that the conviction of Toofan Shah cannot be sustained. Interalia, he pointed out that Village Ramraipur where Toofan Shah lives, is situated at a distance of only about 2 miles and three furlongs from Village Bhiau wheree the dacoity took place, and where the four indentifying witnesses reside. An arguments was accordingly advanced that under the circumstances there was a strong likelihood that Toofan Shah was already known to those witnesses. Reliance was placed in this connection on Ashrafi v. State, 1960 ALJ 595 wherein a Division Bench on this Court observed - "If the accused happens to belong to his own Village, identification is useless and his name must be expected to be mention- ed in the first information report or shortly afterwards. If he resides in a place situate within a radius of two miles of the habitation of the witness, it is safe to assume that he was already known." The learned AGA, on the other hand, pointed out, that the presumption would arise only where the residence of the accused is situated within a radius of two miles of habitation of the identifying witnesses. In the present case the intervening distance is only about a couple of furlongs more than two miles. In the present case the intervening distance is only about a couple of furlongs more than two miles. In Ashrafi's case (supra) the Bench went on to remark that it must be stressed that in all such cases, the court is not required to satisfy itself positively that the witness knew the accused from before but only that there is reasonable ground for the belief that this was so. In these circumstances, there is, in my opinion, reasonable ground for believing that the identifying witnesses might have known Toofan Shah from before. It accordingly follows that in the absence of any other evidence to connect Toofan Shah with the commission of crime, e.g. recovery of stolen property, the benefit of the doubt has to be extended to him. 7. The result is that Toofan Shah's appeal No. 1134 of 1964 is allowed. His conviction under Section 395 IPC is set aside along with the sentence inflicted upon him there - under by the trial court. Toofan Shah is in jail. He will be set at liberty forthwith unless wanted in some other connection. 8. Subedar- This appellant, who is a resident of Village Berni, P.S. Jalesar was arrested on 23.6.1961 from his Village by (P.W. 16), Gyan Singh, Station Officer. He was sent 'Baparda, to the District Jail, Etah the following day. Subedar was put up for identification at the District Jail, on 17.7.1961 in the presence of (P.W.12) Sri S.N. Sagar, a first Class Magistrate. To the identifying Magistrate the objection taken by Subedar was similar to that of Toofan Shah, i.e. that he was already known to the identifying witnesses and further that he had been shown to them at the police station. Out of the 20 witnesses who were called to the parade, only three, namely, Laik Shah (P.W.5), Pooran Shah (P.W.6) and Gopi Shah (P.W.7) correctly picked him out, all of them in third round. Over-ruling the objection raised by this appellant, the trial Judge convicted Subedar. In appeal, his learned counsel urged that the trial Judge was not justified in rejecting Subedar's plea. My attention was invited to the testimony of (D.W.4) Naubat Ram Sharma, which was to the effect that Subedar used to live at the temple-cum-dharmshala) on the road crossing near Village Berni. The inhabitants of Ramraipur and Berni allegedly used to pass that way. My attention was invited to the testimony of (D.W.4) Naubat Ram Sharma, which was to the effect that Subedar used to live at the temple-cum-dharmshala) on the road crossing near Village Berni. The inhabitants of Ramraipur and Berni allegedly used to pass that way. Reliance, was also placed on the statement of Laik Shah (P.W.1) during the committal proceedings of Sessions trial No. 202 of 1961, wherein he admitted that the Bus-stand was very near the place where the temple-cum-dharmshala was situated. Village Berni where Subedar lives, as said to be only three miles from Village Bhiau. Under the above circumstances, the plea of Subedar that he was already known to the indentifying witnesses, cannot be ruled out so farfecthed the benefit of the doubt has to be extended to him also. Consequently, Subedar's appeal No. 1400 of 1964 is allowed. His conviction under Section 395 IPC is set aside along, with the sentence inflicted upon him, thereunder by the trial Judge. Subedar is in jail, he should be released forthwith unless wanted in some other connection. 9. Rachpal Singh - This appellant, who is a resident of Village Mirpur, P.S. Sahapan, District Mathura, was arrested on 21.6.1961 near the canal distributory adjoining Village Subbazpur by (P.W.10) Maharaj Singh, S.O. Sahapur. He was escorted 'Baparda' to the Thana when he was forwarded to Sagar on the following day and got admitted to the District Jail, Mathura on 23.6.1961. He was put up for indentification at the District Jail, Mathura on 23.7.1961 in the presence of (C.W.1), Sri Hardwari Lal, a First Class Magistrate. To the identifying Magistrate, the objection taken by Rachpal Singh was that he had been shown by the police to the witnesses at P.S. Shahpur and at the Kotwali out of 14 witnesses who were called to the parade, four, namely, Laik Shah (P.W.1), Shahzed Khan (P.W.4) Gopi Singh (P.W.4) and Pooran Shah (P.W.5) correctly picked him out, Rachpal Shah was unable to substantiate his plea that he had already been shown to the identifying witnesses at P.S. Shahpu. Thus there is no valid ground to reject the evidence of the four correct identifications against this appellant. His conviction under Section 395 IPC has accordingly to be maintained. Thus there is no valid ground to reject the evidence of the four correct identifications against this appellant. His conviction under Section 395 IPC has accordingly to be maintained. Bearing in mind, however, that Rachpal Singh had remained in jail as an under trial prisoner for a considerable period during the trial, I reduce the sentence inflicted upon him to six years' rigorous imprisonment and otherwise dismiss the appeal. This judgment will be read in all the three appeals.