RAJENDRA SINGH ALIAS BUGLA Vs. STATE

JUDGEMENT

(1.) THIS appeal preferred u/s 374(2) of The Code of Criminal Procedure, 1973 (hereinafter referred to as the Cr.P.C.) is directed against the judgment and order dated 28th October 1988 passed by Addl. Sessions judge, Dehradun in Sessions Trial no. 3 -A/1987, whereby the learned Addl. Sessions Judge has convicted the accused persons Ramesh, Bhullan, Satnam @ Satta, Deepak@ Dani and the accused/appellant Rajendra Singh @ Bugla for the offence punishable u/s 399, 402 of The Indian Penal Code, 1860 (hereinafter referred to as the I.P.C.) and sentenced them to undergo rigorous imprisonment for a period of 241/2 months' u/s 399 I.P.C. and to undergo rigorous imprisonment for a period of 241/2 months' u/s 402 I.P.C. The accused persons Bhullan, Ramesh and the accused/appellant Rajendra Singh were further convicted for the offence punishable u/s 25 Arms Act and sentenced each of them to undergo rigorous imprisonment for a period of one year. It is directed that all the sentences shall run concurrently. I have heard Sri Lokendra Dobhal, learned counsel for the accused/appellant and Sri M.A. Khan, learned Brief Holder for the State.

(2.) THE prosecution case, in brief, is that on 14.10.1986 S.I. P.S. Mehra, S.I. S.N. Sharma and S.I. B.R. Toliya alongwith the Head Constables Chandra Dhar Prasad, Virendra Singh and Constables Balwant Singh, Bhagwan Singh and Satya Prakash started from Police Station at 5:30 p.m. in search of accused and the case property relating to Crime No. 513/ 1986 u/s 392 I.P.C. At about 11:30 p.m. all the police party reached Balliwala crossing. S.I. N.K. Bisht and S.I. Yogendra Pal Singh and Constable Prem Singh met them there. The two Constables were armed with LATHIES and all the Sub Inspectors were armed with revolvers and Head Constables were armed with guns. An informer told them that the gang of Ramesh resident of Ajabpur Danda will assemble in the Khandar of Pili Kothi situated in Mohit Nagar, Naya Purwan Kanwali. He also told that the gang will be armed and will commit dacoity in the house of Om Prakash Garg. S.I. in -charge P.S. Mehra sent Constables Balwant Singh & Bhagwat Singh with arms and ammunitions to guard the house of Om Prakash Garg and to caution him. S.I. S.N. Sharma brought Shyam Singh and S. Ram Singh r/o village Pitambar Pur, Police Station Kotwali, Dehradun as public witnesses. The Policemen and the witnesses took search of each -other to make sure that none of them; had any illicit articles. The entire force was divided into three parties, headed by S.I. P.S. Mehra, S.I. N.K. Bisht and S.I. Yogendra Pal Singh respectively. S.I. P.S. Mehra gave necessary directions to the three parties. His party took position to the north of the Pili Kothi, the party headed by N.K. Bisht took cover to the south of Pili Kothi and the party headed by S.I. Yogendra Pal Singh took cover to the west of Pili Kothi. He directed that no one shall smoke or talk or do anything to make the dacoits suspicious and nobody shall fire without his direction. They took cover behind the bushes near the Pili Kothi. About half an hour later three persons were seen in the moonlight coming from the side of General Mahadeo Singh Road. They went into the Khandar of Pili Kothi. About 15 -20 minutes later two more persons came from the side of Wadia Institute and sent in. They started talking among themselves and after about 15 minutes one of them was heard saying that Suresh has not come as yet and the time has come for committing dacoity. Another person was heard saying that the five of them are sufficient and they have knives and other arms and ammunitions and they should proceed to commit dacoity. S.I. P.S. Mehra was convinced that it is a gang of dacoits and has assembled to commit dacoity. He flashed the torch light on the dacoits and challenged them to surrender themselves and their arms. Immediately all the three parties surrounded to the five persons and arrested them. The Policemen asked the names and addresses of the accused person and took their personal search. One country made revolver with five live cartridges,.22 bore and Rs. 1.50 were recovered from the possession of accused/appellant Rajendra Singh. One unlicensed S.B.L. gun, pellets and gun powder and three live caps and a ten rupee note were recovered from the possession of co -accused Ramesh. One country made pistol.315 bore and three live cartridges, one Biri bundle, a match box and a five rupee note were recovered from the possession of co -accused Bhullan. A Khukri, Biri Bundle and seven rupees note were recovered from the possession of co -accused Satnam and one knife measuring about 8 -9 inches was recovered from the possession of co -accused Deepak. The articles recovered from the possession of each of the accused persons were sealed separately and sample seals were prepared. The arrested persons were made Bapardha. A recovery and arrest memo was prepared at the spot and copies of the same were delivered to the accused persons. Memo of recovery and arrest is Ext. Ka -6. The accused were arrested at about 1:30 a.m. on 15.10.1986. The accused persons were brought to Police Station, Kotwali Dehradun and the First Information Report, on the basis of the recovery memo, was lodged on the same day at 5:55 a.m. The Chik First Information Report is Ext. Ka -7 and an entry in this regard is made in the G.D., a copy of which is Ext. Ka -8. Entry in the G.D. was made on 14.10.1986, by which the Police have started from the Police Station on 14.10.1986 at 5:30 p.m., copy of G.D. is Ext. Ka -9.

(3.) LEARNED Chief Judicial Magistrate, Dehradun on receipt of the charge sheet, after giving necessary copies to the accused as required u/s 207 Cr.P.C., committed the case to the Court of Sessions for trial on 05.01.1987 u/s 209 Cr.P.C.