STATE DELHI ADMINISTRATION Vs. PREM CHAND

JUDGEMENT

(1.) The respondents and two accused were tried for offences under Section 399 and Section 402 IPC. Respondents, Prem Chand, Satnam Singh and Rajbir Singh were also tried for an offence under Section 25 of the Arms Act. The brief facts leading to the trial of these respondents are these:

(2.) On 19th May, 1975 Inspector Amarjit Singh working in Special Staff, East District received a secret information at 6 p.m. that dacoits headed by Prem Chand alias Lambu would be committing dacoity during that night at about 2 a.m. in Maujpur Gonda while armed with illegal arms. The informer was directed by Inspector Amarjit Singh to again confirm the information and ascertain the number of dacoits and the place of their assembly etc. The information was brought to the notice of the superior officers. The informer again came to the Office of the Special Staff at 10.30 p.m. and informed that the information given by him earlier was correct and that the gang of dacoits headed by Lambu would comprise of 5 persons and would be committing dacoity in the residential houses of Maujpur at about 2 a.m. after coming from the side of Karawal Nagar and would assemble in Bagh Sherpur. Inspector Amarjit Singh organised a raiding party, the details whereof have been given in the impugned judgment. In the raiding party two public witnesses, namely, Mangat Ram and Dalbir Singh were also joined. All the members of the raiding party left the Office of the Special Staff and the vehicle was parked at a distance of about 2 furlongs from Bagh Sherpur. The raiding party was divided into three groups - one headed by Inspector Amarjit Singh, the second by S.I. 0m Dutt and the third by S.I. Raghubir Singh. The members of the raiding party were informed that they would not move till the dacoits were challenged by Inspector Amarjit Singh after firing very light pistol, and that they would thereafter surround the dacoits. The groups of the raiding parties took their respective positions. The dacoits started collecting in Bagh Sherpur. Someone from among the dacoits was heard saying while addressing Rakha that until now they may have received little, but the dacoity of that day would make them rich. Inspector Amarjit Singh fired very light pistol and challenged the dacoits by saying that they have been surrounded by the police and they should not make any attempt to escape. They were surrounded by the members of the raiding party and they succeeded in apprehending six persons. Inspector Amarjit Singh took search of those persons and he recovered one bag containing 15 live cartridges of 12 bore and one knife having a blade of 6" from Rakha, one gun 12 bore having No. 6141/ 3553 A / 7 in working order with 22 live cartridges from Satnam Singh, one Rifle .303 in working order bearing No. MKI-3650 loaded with 9 bullets and one belt having 20 live cartridges from Prem Chand, one iron sambhal with one pointed end from Haria @ Parkash, one torch and a lathi from Uma Shankar and one lathi and a torch from the hand while 5 live cartridges from the pocket of pant of Rajbir Singh. Inspector Amarjit Singh prepared sketch of the knife and thereafter the knife, gun, rifle and the cartridges recovered from different accused were converted into separate sealed parcels and were taken into possession after preparing separate memos. A rukka was sent to the P.S.Seelampur.

(3.) Since the offence under Sections 399 and 402 Indian Penal Code was exclusively triable by Court of Session, the main case against the accused and the other connected cases under the Arms Act were committed to the Court of Sessions for trial. Charges under Sections 399 and 402 Indian Penal Code were framed against all the accused persons. Separate charges under Section 25 of the Arms Act were framed against Satnam Singh, Prem Chand, Rajbir Singh and Rakha. The accused pleaded not guilty to the charges.