RATI RAM Vs. STATE OF U P

JUDGEMENT

(1.) This appeal, u/s 374 (2) of the Code (Cr.P.C.), arises out of judgement and order dated 28.7.80, passed by IV Additional Session's Judge, Fatehpur, in S.T. No. 281 of 1979, State versus Rati Ram and others, P.S. Jahanabad, District Fatehpur, by which impugned judgement learned trial court has convicted all the appellants u/s 399/402 I.P.C. and has sentenced each one of them to undergo 4 years RI on the first count and 3 years RI on the second count. It has further convicted appellants Rati Ram, Moti Lal and Bans Gopal, u/s 25 Arm's Act, and has sentenced each one of them to 1 year RI for that crime. Learned trial court has directed that all the sentences of the appellants shall run concurrently.

(2.) Briefly stated, prosecution allegations against the appellants were that informant Harbansh Pandey, Station Officer, P.S. Jahanabad, district Fatehpur received information from an informer on 29.12.78 at 8-10 p.m., which was inked by HM Jagdish Prasad, P.W.2 at Rapat No. 30 G.D. entry, in that respect, vide Ext. Ka-2, was recorded by CM Chandra Prakash. Secret information revealed that 7-8 dacoits of gang "of gang" leader Ram Sajivan Kurmi, shall assemble from the east, at Bakeshwar Baba temple situated in the grove of Ram Nath barber, in village Jagdishpur, at mid night at 12 p.m. and at 12.30 a.m., same night, they shall commit dacoity at the house of Raja Ram Yadav of village Jagdishpur. Believing the information to be credible, informant and S.I. Fallauddin, both armed with revolvers, ASI Vishwa Nath Dubey, Const. Maiyyadin, Ram Jatan, all armed with SBBL guns, Shitla Prasad, armed with rifle, Const. Mohd. Hanif, Kallu Ram, Jeet Lal, Pancham Giri, all armed with government muskats, started from the police station to arrest the dacoits and reached Bakewar. From Bakewar outpost, informant requisitioned additional police force which consisted of HC Saman Singh, (Lathi), Const. Pratap Singh, Nirmal Chandra, (both SBBL Guns), Const. Udai Raj (Govt. Rifle) and Satya Prakash (Govt. muskat). Const. Saman Singh and Pratap singh were dispatched to summon indepedant witnesses from Bakewar village. Const. Satya Prakash, Kallu Ram, Jeet Lal and Pancham Giri were sent to guard Raja Ram Yadav's house. Thereafter informant alongwith S.I. Fallauddin inspected the spot at 10.30 p.m., where dacoits were expected to assemble and returned back from there at 11 p.m. Meanwhile constables fetched independent witnesses Asha Ram, Bhagwan Deen, Chotey, Jai Narain @ Punni and Mohan, with their clubs and torches. Police party and independent witnesses searched each others to rule out possibility of carrying any illegal weapons. Thereafter three picket parties were formed. First Party was led by the informant, second was led by S.I. Fallauddin, whereas last party was commanded by ASI Vishwa Nath Dubey. All the parties were instructed not to raise any voice or flash un-necessary lights nor will smoke cigarette and Bidi. It was further instructed that nobody will resort to firing unless ordered by the informant and when challenge will be thrown all of them shall apprehend the dacoits by surprise raid and thereafter all the three parties reached at the spot at 11.30 p.m. and they laid in ambush in various directions and started waiting for arrival of the dacoits. After some times dacoits arrived in twos and threes and sat on temple pedestal and started smoking Bidi. They were armed with guns and firearms. One of the dacoits said that Babu Ram had not arrived to which other replied that they were already half a dozen and were armed with fire arms and hence nobody could muster courage to challenge them. Raja Ram is a timid person and hence dacoity could be committed easily uttered the third. Over hearing their convesations, informant became confident that it was a gang of dacoits, which had collected there to commit dacoity at Raja Ram Yadav's house and therefore challenged them to lay down their arms as they were surrounded by the police. There was intermittent exchange of three gun shot fires and thereafter dacoits started fleeing from the spot but, at a short distance, six of them were arrested by the police parties, who later on disclosed their identities as Ram Sajivan, Rati Ram, Raja Ram @ Gorey, Moti Lal, Bansh Gopal and Dhani Ram, all appellants. Except from Dhani Ram, from rest of the dacoits fire arms were recovered. From Dhani Ram, a torch and an axe were recovered. In respect of arrest and seizure of weapons and other articles, arrest and seizure memo, Ext. Ka-1 and 2 were prepared by the informant, which was counter signed by independent witnesses. All the recovered weapons including the cartridges are material Ext.1 to 28 and torch is material Ext.29.

(3.) Arrested dacoits along with recovered firearms and cartridges were brought to the police station Jahanabad, where, on the basis of seizure memo, Ext. Ka-1, chik FIR, Ext. Ka-3, of crime No. 285 of 78, u/s 399/402 I.P.C. and of crime No. 286 to 289, u/s 25 Arm's Act, was registered, against the accused, by HM Jagdish Prasad PW 2, at 5.45 A.M., at the dictation of the informant. P.W. 2 had also scribed GD entry, Ext. Ka 4. Ram Pal Misra, S.I., police station Jahanabad, PW 7, had commenced investigation into the crime and had recorded 161 Cr.P.C. statements of witnesses, prepared site plan , Ext. Ka-5, sketched seizure memos of torches, Ext. Ka-6 and Ka-7 and thereafter charge sheeted accused appellants vide Ext. Ka 8 to 11, for all the offences under sections 399/402, 307/149 I.P.C and 25 Arm's Act. Sanction for accused prosecution under 25 Arm's Act accorded by the District Magistrate on 15.2.79 are Ext. Ka-12 to Ka-14.