NASRU Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) These two appeals arise out of the same judgment of the Allahabad High court. Original accused 6, Nasru and Jaipal Singh, original accused 7 are the appellants respectively. They along with eight others were tried for offences punishable under S. 399, 402, 147, 148 and 307/149 Indian Penal Code on the allegation that they were found making preparations to commit dacoity and when the police party surrounded them, they attacked the members of the police party by firing shots at them. The trial court convicted Nasru, A-6, Jaipal Singh, A-7 and six others under S. 399, 402 and 307/149 Indian Penal Code and sentenced each of them to undergo four years, three years and three years' Rl respectively. Nasru, A-6 along with six others was also convicted under Section 148 Indian Penal Code and Section 25 (l) (a) of the Arms Act and each of them was sentenced to two years' and one year's Rl respectively. Jaipal Singh, A-7 and two others were convicted under Section 147 Indian Penal Code and sentenced to one year's Rl. Only two of them are before us.

(2.) One of the accused Ablu Gujar is a resident of village Alipur in District Muzaffarnagar and the other accused belong to different places. On the intervening night of May 27 and 28, 1976 at about midnight, the police got information that these accused had assembled near a tube-well in village Hamzagarh for the purpose of committing dacoity at the house of one Chanda after having made the necessary preparations. The information was recorded and Ved Prakash Sharma, the Station Officer in charge of the police station requisitioned the police force from police station Nakur and at about 10. 30 p. m. with sufficient force the raiding party got organised for apprehending the dacoits assembled near the tube-well and at about midnight, they reached the place. The party in three groups took positions and surrounded the miscreants and there was an exchange of fire and some of the miscreants escaped. In the encounter three dacoits were killed and some of them were arrested and they figured as accused.

(3.) The plea of the accused has been one of denial and they stated that they have been falsely implicated. Both the courts below relying on the evidence of the official witnesses convicted them.