RAM DIN Vs. STATE OF U P

JUDGEMENT

(1.) RAM Din, resident of village Shivlapur, Babu, resident of Dayalpurwa, RAM Swarup, resident of Durjanapur and Babu Bhurji, resident of Maddupurwa have been convicted under Sections 399 and 402 IPC and 25 Arms Act. Shivlapur and Dayalpurwa are within Police Station Mallawa, district Hardoi. Durjanapur and Maddupurwa are within Police Station Kannauj, District Parrukhabad.

(2.) THERE is usual story against the appellants. An informer told Shiv Charan Singh (PW 2) Station Officer Kannauj on 29-1-1974 at about 11 P.M. that some bad characters would commit dacoity in the house of Akku Khan in Mohalla Bajaria, Kannauj and would assemble in the mango grove of Jahanuddin near the Abadi of Kannaujj for the said purpose. Shiv Charan Singh collected force from the Police Station. Then 6 persons of the public including Ram Prasad (PW 1) of Meera Tolai, Police Station Kannauj were taken. All the persons were divided in three parties. These parties took position to the north, east and west of the grove. The bad characters had already gathered in the middle of the grove under the mango trees. Talks of the bad characters were heard and when the bad characters were saying that they should proceed and commit dacoity, Shiv Charan Singh challenged them. Three shots of very light pistol were fired. The bad characters resorted to firing. The police also resorted to firing. THEREafter the four appellants ajnd one Bahadur were arrested and two bad characters escaped.

(3.) THE prosecution examined [Ram Prasad, Shiv Charan Singh, Station Officer and Prem Chand, Sub-Inspector (PWs 1, 2 and 3) to prove its case. On the other side Jagat Narain and Hori Lal (DWs 1 and 2) were examined. Jagat Narain is of the village of Babu Bhurji. He stated that two constables had taken away Babu Bhurji from his village and that thereafter he did not return. Three days later he learnt that Babu Bhurji was involved in a case like the present one. Hori Lal is of village Likhpuri. He stated that he had come to the market of Kannauj, that the police constables took away Babu along with the ghee from the market.