(1.) These are three appeals arising out of a single judgment delivered by Shri V.B. Bansal, Additional Sessions Judge. Delhi on 30.7.1983. The fourth accused Abdul Aziz who was as well convicted alongwith these appellants, has not chosen to file any appeal as he was given the benefit of probation.
(2.) The convictions were under section 399 and 402 Indian Penal Code . Each of the three appellants now before the court was convicted to undergo rigorous imprisonment for a period of four years under each of the counts, Mustkin who had a dagger with him, was further convicted under section 25/54/59 of the Arms Act, and required to undergo rigorous imprisonment for 1 year.
(3.) Briefly stated the prosecution case was that on the night of 25th and 26th October, 1980, Harbans Singh Inspector of Police received aninformation that accased persons were likely to assemble near a deserted well in Paschimpuri, Delhi. He therefore, organised a raiding party. They were divided into three groups and required to hide themselves behind deep bushes existing around the well. Shortly thereafter the accused persons started coming there. By 1.00 a.m. at night, the three appellants Abdul Aziz and Abid Behra came there. Din Dayal was said to be possessed of a country made pistol, while Abdul Aziz and Mustkin each had one dagger. Shamshad Ali was carrying one iron rod and a torch, while Abid Behra who is absconding, had a lathi in his hand. None of these persons noticed the presence of the police behind the bushes there. They then had a talk to the effect that they would commit dacoity at a house the backside of which opened in a vacant space, and that whatever was recovered should be collected. One of them also stated that if the persons sleeping there awoke, he would fire a shot with his revolver and then everyone should ensure that nobody was caught at the spot. This was irrespective of whether they were able to carry any booty with them or not.