KISHAN PAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal has been preferred by Kishan Pal and Anwar against the judgment and order dated 30.1.1979 of Sri B.B. Singh, the then Vth Additional Sessions Judge, Aligarh, in Session Trial No. 255 of 1979, whereby he has convicted both the appellants and co-accused Uttam Singh under Sections 399 and 402 I.P.C. and Section 25 of the Arms Act and sentenced each of them to undergo four years, two years and one year's rigorous imprisonment, respectively. During the pendency of this appeal, appellant Anwar died and his appeal stood abated. It was got inquired from the office whether co-accused Uttam Singh has also filed any appeal against the aforesaid judgment but the office reported that no such appeal has been filed by him.

(2.) The prosecution case, in brief, is that Ramvir Singh Station Officer, Police Station Jawan, district Aligarh, alongwith Sub Inspector Ram Singh, A.S.I. Ram Kumar Gautam and six constables, namely Chetram, Mahavir Singh, Mahesh Prasad, Ramraj Singh, Ram Kripal Singh and Ram Deo Singh, went to make arrest of some accused persons in connection with a case under Sections 395 and 397 I.P.C. They all left the police station at 8.15 p.m. on 17.1.1977 vide G.D. entry No. 34. The aforesaid police party had taken arms and ammunition with it to effect arrest of the accused of that dacoity case. When they reached near C.D.F. road crossing, they were informed by an informer that a gang of dacoits is likely to commit dacoity at the house of one Jwala Singh in village Chandaukh and the dacoits were likely to assemble in a Kothari of a brick-kiln near that village at about mid-night The police party including station officer and two Sub Inspector proceeded towards village Chandaukh and in the way they picked up three public witnesses, namely Deoraj Singh, Virendra Singh and Babu Lal. On reaching near the Bhatta, they divided into three parties. First party was headed by Station Officer Ramvir Singh himself, second was headed by Sub Inspector Ram Singh while the third party consisting of two Constables was sent to the house of Jwala Singh in village Chandaukh. Both the parties took position near the Kothari at the Bhatta when the dacoits were likely to assemble at 11.00 p.m. At about 11.45 p.m. five persons entered that Kothari and they started talking that enough time has elapsed but their companions had not arrived, hence there was no use of waiting further for their arrival and that they have got enough arms and ammunition, which was sufficient to loot the entire village and, therefore, they should proceed for committing the dacoity. This conversation of the dacoits was heard by the Police Party and they being satisfied that they were dacoits and had assembled there with the object of committing dacoity, the Station Officer Sri Ramvir Singh challenged and asked them to surrender. The dacoits then started running away from the Kothari and one of them fired a shot towards the Police Party. In response, the Station Officer Sri Ramvir Singh also fired a shot from his Revolver. The police party tried to arrest the dacoits and was able to arrest three of them on the spot but two of them were successful in evading their arrest. The three dacoits arrested on the spot, disclosed their names as Anwar, Uttam Singh and Kishan Pal. On search of their person, a country made pistol and some live cartridges were recovered from the bag of each accused person. Recovery memo was prepared on the spot and the accused persons were then brought to the police station Jawan where Station Officer Sri Ramvir Singh lodged an F.I.R. at about 4.35 A.M. on 8.1.1977 and a case was registered against them at the police station and the accused were challaned.

(3.) The investigation of the case was entrusted to Sri Khaliq Ahmad Usmani, Sub Inspector. He recorded the statements of the witnesses, prepared a site plan and obtained sanction of the District Magistrate for prosecution of the accused under Section 25 of the Arms Act and submitted a charge sheet against the accused persons after completion of the investigation.