MAIKU Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) These appeals by special leave have been filed by the appellants against their conviction under Sections 147, Sec.325/149, See. 330/149 and Sec. 354/149 I.P.C. land sentenced to undergo various terms imprisonment between two to five years for these offences. Appellant Mullu has been further convicted under Sec. 342/149 I.P.C and sentenced to undergo two years' R.I. The remaining five appellants have been convicted under Sec. 220/149 I.P.C. and each sentenced to undergo five yearsRs. R.I. Sarjoo Singh, appellant has been further convicted under Sec. 218/149 and sentenced to undergo 'three years' R.I for that offence. All these sentences are to run concurrently.

(2.) The prosecution case was that sometime on the night between 12th and 13th March, 1967 a burglary is afleged to have been committed at the house of one Pitam in the village Adilpur under Police Station 'Kotwali Sitapur'. A bicycle and other articles of total value of about Rs. 932/- were taken away by the burglars. About this theft Pitam lodged a report at the Police Station at about 5.30 p.m. on 13th March, 1967 and a case under See. 457 I.P.C. was registered against unknown persons. Sarjoo Singh, the present appellant was at that time posted as Sub Inspector of Police at Police Station Kotwali and Ram Sunder Singh, Ram Chander Pandey and Ishtiaq Hussain appellants were as Constables. Maiku appellant was a Police Chowkidar in the circle within which the village Adilpur was situated whereas Mullu appellant is a resident of that village. S. I Sarjoo Singh accompanied by Constable Ram Sunder Singh and Ishtiaq Hussain had already left the Police Station on 12th March, 1967, according to the entries made in the General Diary, in connection with the investigation of another Crime No. 248. The Head Constable who registered the present case i.e. Crime No. 252 on the basis of Pitam's report sent the papers along with the report relating to the case to S. I. Sarjoo Singh. The Constable handed over the same to S. I Sarjoo Singh. S.I. Sarjoo Singh accompanied by aforesaid three Constables went to the Village Adilpur for investigation of the case relating to the theft committed at Pitam's house.

(3.) On 15-3-67 S.I. Sarjoo Singh sent a note Ex. K-a to the Head Moharrier intimating that an unlicenced pistol and two cartridges were recovered from the possession of one Zalim PW 1. The Head Moharrier registered a case against Zalim under the Arms Act as Crime No. 258 in the general diary of the Police Station. The copy of this entry is Ex. K 3. Another Ex. K. 4 was sent by S. 1 Sarjoo Singh to Head Moharrier on 15-3-67 intimating that Bharat accused was arrested with the bicycle stolen from Pitam's house. On being interrogated he confessed his complicity in the theft along with one Babu and four others. It was further. revealed by him that he and his companions had committed the murder of Pitam's brother Sitaram and thrown away his dead body in the bank of the river near village Sakrara. He also volunteered to get the dead body recovered. When the police party was taking him towards village Sakrara, he made a desire to ease himself. He was permitted to do so under the watch of Ram Sunder Singh, while he was so doing he attempted to run away. When Ram Sunder Singh Constable-managed to apprehend-him, he bit at the thigh of Ram Sunder Singh who raised an alarm The alarm attracted some persons who attempted to apprehend Bharat but he wielded a lathi. He was, however, overpowered after giving a beating but he soon died on the spot. The Head Moharrier made a note in the general diary of the Police Station a copy of which entry in Ex.K-5. On 16-3-67 S.I. Sarjoo Singh; deposited the recovered bicycle at the Police Station in the morning at 8.45 AM.