KALI CHARAN Vs. STATE

JUDGEMENT

(1.) This appeal has been moved by Kali Charan, Bachhu, Jagan Nath and Suraj Bali against their conviction under section 399/402 Indian Penal Code . Each one of them was further convicted u/s 27 of the Arms Act. For the first offence they were awarded four years, R.I, and a fine of Rs. 500.00. No punishment by way of imprisonment in case the fine was not paid, was specified. Each of them was also sentenced to two years R.I. for the offence under the Arms Act.

(2.) Briefly stated the prosecution case was that a police party headed by Raj Pal Mehta, Inspector was on patrol duty on the evening of 19.9.79 in the area of Beriwala Bagh. Most of them were in a jeep, while one head constable Darshan Lal and Chuni Lal, A.S.I. were on a two-wheeler scooter. There they received an information from two other S.I's namely, Ved Prakash and Sarvjeet Singh to the effect that some persons had assebled at a mazar near Upadhyaya hospital, Hari Nagar, and they were planning to commit dacoity. Raj Pal Inspector then deputed Chander Bhan, A.S.I. and Ved Prakash S.I. to verify the information. They returned and confirmed that information was correct. The police party then proceeded to the mazar and divided itself in three groups. They approached the same from three sides. The fourth side of the mazar was protected in the sense that there was water logging there. As they reached the mazar, they found 5 persons including the 3 appellants there. They were then talking which showed that they were planning to commit a dacoity. The police party then apprehended four of the persons there, while the 5th whose name was later learnt as Lotan, escaped from the spot. From Kali Charan and Jagan Nath each, one pistol and two cartrides were recovered. Suraj Bali was found to be in possession of a buttondar knife. Hari, the 4th person who was apprehended, absconded during the trial, and, was, therefore, declared a proclaimed offender. He has still not been arrested.

(3.) The prosecution evidence consisted of police officials who had formed part of that raiding party. They have testified to the manner in which the patrolling was being done in the area and information about some person planning to commit dacoity was received. They further stated that they proceeded to the spot and apprehended 4 of the persons present there, while the fifth escaped.