SHAMBHOO Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The appellant, Shambhoo, was tried by the Additional Sessions Judge, moradabad for offences under sections 302 and 394 of the Indian Penal Code and s. 19 (f) of the Indian arms Act. Two other persons Altaf and Shaukat were also tried along with Shambhoo on charges under s. 394 of the Indian Penal Code read with s. 34 of the Indian Penal Code.

(2.) The prosecution case is that on November 3, 1959 Dulla and Ghasita, father and son and one bhassu were on their way to Tahirpur Bazar for the purchase of bullocks. They had been to chandarpur Bazar for this purpose but had not made any purchases, all the three were carrying money. Dulla had Rs. 300. 00, Ghasita had Rs. 100. 00 and Bhassu had Rs. 1051. 00 Shortly before noon they reached Mauza Bhainsora. When they were near a tank about two or three furlongs from bhainsora these four persons, Shambhoo, Altaf, sibte and Shaukat, of whom Shambhoo and Sibte were armed with pistol and Shaukat and Altaf were armed with lathis, came out of a wheat field nearby. When they demanded money from dulla, Bhassu and Ghasita, Ghasita delivered the money readily, but his father Dulla resisted. At this Shambhoo fired his pistol and shot Dulla dead. Shambhoo then took out Rs. 300. 00 from Dulla's pocket, while Shaukat took away the money from bhasau after giving him a lathi blow. The alarm which Dulla, Bhassu and Ghasita raised when the robbers attacked them, however, brought to the place a number of persons who were working in the fields and these succeeded in felling Shambhoo and Altif with their lathis so that they could not set away. The other two, Shaukat and sibte, however, managed to escape, even though they were pursued by these villagers. In the course of the pursuit Sibte fired his pistol causing bullet injuries to Lal Singh, Mahendra and Udaibir, who were among the pursuers.

(3.) Leaving the two persons who had been arrested and the pistol and twelve live cartridges which were seized from Shambhoo at the place of occurrence Ghasita accompanied by Kalu chowkidar went to the Thana which was about 4 miles off. The information of the occurrence as given by him was recorded and the Officer-in-charge, proceeded to the place of the occurrence and after taking Altaf and Shambhoo into custody and also the live cartridges, the pistol and one used cartridge case, investigated the case. dead body was sent for post mortem Dulla's examination, shambhoo's injuries as also the injuries of Lal singh, Mahendra and Udaibir were also medically examined.