KHUDA BUX Vs. STATE

JUDGEMENT

(1.) This is an appln, in revn. against the appcts'. convictions Under Sections 332, 147, 379 & 225B, I. P. C, by the Addl. Ses. J. of Bareilly. In all 28 men were convicted by the trial Ct. & the learned Addl. Ses. Judge acquitted 12 & maintained the conviations & sentences of the remaining 16 men, all of whom have filed this appln. Only Amir Bakhsh appct. has been convicted Under section 379, I. P. C. & only Nanhey appct. has been convicted Under section 342, I. P. C.; the other offences have been found proved against all the appcts.

(2.) The facts against the appcts. are as follows: One Midhai is the father of Noor Jahan, married to Bashir appct. in village Harnampur. Dalel appct. is the father of Bashir. Midhai got a warrant issued by the Addl. Dist. Mag. for the arrest of Noor Jahan from the house of Dalel & Bashir where, presumably, she was alleged to have been wrongfully confined by them. A clerk of the Ct was issued Under section 100, Criminal P. C. There is an order of the Addl. Dist. Mag. showing that the warrant was issued Under section 100. The warrant was handed over to Midhai for being delivered to the station officer. Midhai at once took it to S. I. Ram Singh, station officer of P. S. Bhamora, on 29-9-1946, at about 3 p m. The S. I. accompanied by Midhai, two police constables Ahmed Nabi & Bishan Lal, & a number of villagers went to villagers went to village Harnampur to the house of Dalel. They arrived there at 5 or 6 p. m. Midhai called out Noor Jahan & she came out with Dalel. The S. I. showed the warrant to Dalel & arrested Noor Jahan & took her towards the chaupal of the mukhia which is about 40 paces from Dalel's house. There the S. I. & men of his party were attacked by a crowd of 30-35 men with lathis. They pulled down the S. I. from the horse & Amir Bakhsh snatched away his revolver. The S. I. fired two shots from his revolver in the air. The rioters rescued Noor Jahan from the custody of the police. Then five of the appcts. carried away the S. I. to the house of Nanhey appct, & looked him inside it. Right men of the police party, including Midhai, were injured by the rioters. All the appcts were among the rioters. Information of the occurrence reached the police station & a force of police went there at about 3 a.m. & got the S. I. released from confinement. His torn bushshirt was taken in possession. Noor Jahan was again arrested from the house of Khuda Bakhsh appct. Amir Bakhsh pointed out the place where he had thrown away the S. I.'s revolver which was found there. The appcts. were then arrested & put up for identification before the prosecution witnesses. After the investigation 28 men were sent up for trial with the result already stated.

(3.) The defence of the appct. was denial of the ocqurrence as alleged by the prosecution. It was admitted that some occurrence took place but not in the manner deposed by the prosecution witnesses. The defence was that the S. I. accompanied by a number of men raided Dalel's house at midnight, that Dalel shouted for help saying that a dacoity was being committed & that his neighbours collected & attaaked the police party taking it to be a gang of dacoits. The allegations about the snatching away of the S. I.'s revolver & of the arrest of Noor Jahan & her rescue were denied.