BHULLAN Vs. STATE

JUDGEMENT

(1.) THE 5 appellants Have been convicted and sentenced under Section 395 IPO to undergo RI for 7 years. Bhullan and Chhattar Singh, appellants are residents of village Sirsawa Harchandpur, within police station Bhagatpur, district Moradabad. Ahmad Noor, appellant is resident of village Bari Khera, police station Bhagatpur. Munna, appellant is resident of village Bibipur, police station Chhajiait, district Moradabad. Bhura, appellant is resident of village Kankar Ghera, police station Bhagatpur, district Moradabad.

(2.) A gang of 10-12 bad characters armed with deadly weapons committed dacoity on the night between 17th and 18th May, 1974 at about midnight at the houses of Gajram Singh and his father Siita Ram in village Benjaria, 10 miles from police station Tanda, district Rampur. Gajram Singh lodged a verbal report of this occurrence at the police station ok 18-5-1974 at 9.10 A.M. on 7-6-1974 at 8.30 A. M. Dharam Vir Singh. Station Officer, Police Station Tanda, P. W. 9, along with Balbir Singh Yadav, S. I., P.W. 34, arrested Bhullan and Chhattar Singh, appellants near the bridge of river Bhala while they were coming in a truck of Jailur Rahman P. W. 8. Some articles were recovered from their possession. For the purposes of the appeals suffice it to say that an unlicensed gun was recovered from the possession of Chhattar Singh. These appellants were taken to police station Tanda. On the same day they were sent to district Jail, Rampur, at 3.10 P. M. along with Jaggu Ram, constable, P. W. 19, by Mehtab Singh, Constable clerk, P. W. 24. on 10-6-1974 at 6.40 A. M. Munna and Bhoora appellants were arrested by Dharam Vir Singh and Balbir Singh Yadav (P. Ws. 9 and 34) from the road near the town of Tanda. They were taken to police station Tanda where they reached at 9.45 A. M. On the same day at 10.30 A. M. they were sent to jail by Mehtab Singh, P. W. 24 along with Dharampal Singh, constable, P. W. 29.

(3.) THE investigation of this case was entrusted to Balbir Singh Yadav, S. I. on 18-5-1974, he recovered 2 fired cartridges Exs. 28 and 29 from the roof of the house of Gajram Singh. THEse fired cartridges reached Sadar Malkhana on 7-6-1974. Indra Kumar Mandal, constable, PW 25 handed over the sealed bundle of the cartridges to Harpal Singh, Moharrir, Malkhana, PW 16. On 19-8-1974 these cartridges and unlicensed gun recovered from Chhattar Singh, appellant were sent to ballastic expert for examination. THE ballistic expert expressed the opinion that the two cartrides were fired with the said gun.