RISHIPAL Vs. STATE

JUDGEMENT

(1.) The appellants, who are seven in number, have filed this appeal against their conviction and sentences under Sees. 399 and 402 I.P.C. and Section 19 (f) of the Arms Act. Each of them has been sentenced to 5 years' R. I. under Section 399 I. P. C. and to 3 years' R. I. under Section 402 I.P.C. Baijnath and Ram Pratap appellants have further been sentenced to one year's R. I. each under Section 19 (f) of the Arms Act. The sentences awarded to the appellants under the various counts have been ordered to run concurrently.

(2.) The facts, shortly stated, are as follows. On the 14th November, 1959 at 6-30 a.m. B.D. Sharma, Station Officer, Police Station Fatehganj East, District Bareilly, received information through a reliable source that a gang led by Gokaran dacoit was hiding itself near village Nagaria for committing dacoity. The Station Officer collected a police force and reached Sadhu-ki-Madhi near village Nagaria. There the informant again met him and told him that the gang was concealing itself in the sugarcane field of one Kasturi. The Station Officer sent for some men from the village and then divided the raiding party into three groups. The sugarcane field was surrounded in three directions, namely, north, east and west. The dacoits fired a shot towards the police force and started running in the southerly direction. They were chased by the raiding parties up to the bank of the river Ramgantra. During this period several shots were exchanged between the police party and the miscreants. Finding themselves outmanoeuvred three of the miscreants jumped into the river and appear to have been drowned in the swift current of the river along with the firearms carried by them. Seven miscreants, who are the appellants before me, were, however, arrested by the raiding party near the bank of the river. One of their companions, named Tula Ram, was severely assaulted by the police party while trying to escape. He fell down near the bank of the river and died shortly afterwards.

(3.) After the raid was over a search of the persons of the arrested culprits was made by the police party. One country-made pistol and four live cartridges were recovered from Baijnath appellant; one country made pistol and two live cartridges were recovered from the possession of Ram Pratap appellant; one bhala each was re covered from the possession of the appellants Hori and Rishipal; and one lathi each was recovered from the possession of appellants Ram Swarup, Chunni and Sita Ram. From the field of Kasturi, in which the gang was hiding, one overcoat, two ordinary coats, two pairs of shoes, one towel, one muffler, one underwear and one cap were recovered. : Besides the above articles the police party found a single-barrel gun and three live cartridges in the possession of Tula Ram, deceased dacoit. From near the bank of the river the police party recovered a jhola which was said to have been left by the miscreants who had jumped into the river. From inside the jhola 8 live cartridges, one knife and one torch were recovered. Sixteen fired cartridges were found lying at die place of occurrence and these were also taken into possession. All these articles were sealed up at the spot and recovery memos were prepared. B.D. Sharma prepared a report of the occurrence and sent it through Constable Radha Krishan at about 2-15 p.m the same day. Radha Krishan was directed to first proceed to Faridpur and inform the Superintendent of Police about the encounter on the telephone and thereafter go to Police Station Fatehganj to hand over the report. Thereafter at about 5 p.m. the same day the S. O. sent the seven arrested persons to Police Station Fatehganj through constables and chaukidars. He remained behind and stayed in the night at the spot along with other members of the raiding party. The Superintendent of Police, Sri Hingorani, arrived at the place of occurrence at about 11-15 p.m, in the night in the company or the Deputy Superintendent of Police, Circle Inspector and an armed guard. Before coming to the spot the Superintendent of Police had sent communication to the District Magistrate about the encounter and about the death of one of the culprits in the course of the occurrence.