LAWS(SC)-1987-4-52

STATE OF UTTAR PRADESH Vs. NIYAMAT

Decided On April 14, 1987
STATE OF UTTAR PRADESH Appellant
V/S
NIYAMAT Respondents

JUDGEMENT

(1.) This appeal has been preferred by the State after obtaining leave from this Court against the acquittal of the respondents recorded by the High Court of Allahabad by its judgment dated 13th April 1977 hearing an appeal against the conviction of the respondents recorded by First Additional Sessions Judge, Etah convicting all the respondents under S. 302 read with S. 149, Ss. 395 and 147 and sentenced to life, 10 years' and 2 years' rigorous imprisonment respectively to each one of the respondents.

(2.) The prosecution case at the trial was that on 27-10-1974 A.S.I., Om Prakash Sharma accompanied by two constables Gauri Shanker, P.W. 2 and Kanauji Lal, P.W. 4 went to village Nidhauli Khurd, which was at a distance of three miles from Kotwali Etah, and arrested one Laturi there at about 1 or 1.30 p.m. Virendra Nath, deceased, had helped them in arresting the said Laturi. The A.S.I. and the two constables returned to the Police Station Kotwali Etah with Laturi in custody at 6.50 p.m. A few minutes later these constables, Gauri Shanker and Kanauji Lal, were given summons for service on one Girish of Village Nidhauli Khurd. So constables Gauri Shanker and Kanauji Lal returned to the Village Nidhauli Khurd the same evening at about 7.30 p.m. to serve the summons. It is alleged that at that time the two constables were wearing police uniforms and Gauri Shanker was carrying his personal DBBL gun and a belt of cartridges.

(3.) While they were in the village, Virendra Nath, deceased, informed them that a bad character named Dharampuri was staying at the house of Bahori Gir, and it is alleged that the Station Officer Kotwali Etah had earlier told these constables that Dharampuri was a bad character (badmash) belonging to Agra District and that he had to be arrested. When Virendra Nath informed these constables that Dharampuri was at the house of Bahori Gir, they went to the house of Bahori Gir and arrested Dharampuri at about 8-30 p.m. and after arresting him the two constables started for Etah with Dharampuri in custody and Virendra Nath, deceased, also accompanied them.