OM PRAKASH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard the arguments of Ms. Shweta Singh Rana, learned Amicus Curiae and Sri G.P. Singh, learned A.G.A. for the State.

(2.) This Appeal has been preferred by the appellant, Om Prakash against judgment and order dated 26.07.1983 passed by Special Judge, Anti Decoity Area, Agra in S.T. No. 80 of 1982 whereby the appellant has been convicted and sentenced under Section 396 I.P.C. with 10 years R.I.

(3.) In brief, the facts of the case as disclosed from the F.I.R. are that the conductor of Bus No. USA 9054 gave a written report at P.S., Tundla, District Agra stating therein that on 8.02.1982 at about 5:30 p.m. when he departed from Firozabad to Agra by the said bus which was a local bus, and had about 86 passengers on-board reached A.F.D. Factory, Hazratpur. At two or three places, several passengers had deboarded from the bus. When the bus proceeded from the said factory at about 6:15 p.m. from Hazratpur village towards Tundla, two miscreants armed with revolvers stood on either side of the driver and directed him to stop the vehicle. Right then, one miscreant pointed revolver towards a passenger and loudly said that he should be killed and saying so when the said miscreant headed towards the said passenger, the said passenger started defending himself. Right then, the other miscreant opened fire upon the said passenger by which he fell down and died. Two fires were made by which one more passenger had become injured i.e. Saudan Singh. In the meantime, the rest of the miscreants were indulging in looting the passengers. Then the miscreants who were standing near the window by the side of driver, cried loudly to flee from there as a police vehicle was coming towards them, pursuant to which, all the miscreants fled in the northern direction. Looking to the stampede like situation, P.A.C. vehicle stopped there and then the complainant/informant and the passengers on-board loudly cried saying that, let the miscreants be arrested/caught as they were fleeing after killing one passenger and looting the property. Hearing this, several P.A.C. men got down from the vehicle and out of them, three P.A.C. Jawans chased the miscreants in order to make their arrest and at this, miscreants opened fire upon them and in order to defend themselves, P.A.C. personnel also made fire upon the miscreants to over-power them and in the process, one miscreant received bullet injury and fell down in the field of laha while another miscreant got hit in his hand who wrapped handkerchief around the wound and succeeded in fleeing from there. The injured miscreant was taken in their vehicle by the P.A.C. personnel who was also found armed with country made pistol and in a bag, he was carrying three live cartridges. In the country-made pistol, there was found one missed cartridge. This occurrence was seen by the informant as well as the driver of the said vehicle i.e. Atar Singh and the other passengers. He further informed the police that the driver, Atar Singh and the two dead bodies were lying on the spot in the supervision of P.A.C. The country-made pistol as well as cartridges which were recovered from the miscreant, was also with P.A.C. The passengers who were looted, their names were Smt. Meena W/o Umesh Kumar, Urmila D/o Dayaram, Pushpa D/o Chhote Lal and the injured, Saudan had accompanied the informant. He further mentioned that the total number of miscreants was five.