ISMAIL AND ORS. Vs. STATE OF U. P.

JUDGEMENT

(1.) This is an appeal against the judgment of Shri Sushi] Kumar, [Ind Addl. Sessions Judge, Bijnor, dated 18.4.1979, in S.T. No. 112 of 1975. Convicting the appellants, Nasimuddin and Ismail, under Sections 379/511, I.P.C. and sentencing each of them to undergo rigorous imprisonment for 15 months. He further had held Nasimuddin guilty under Sec. 307, I.P.C. and Sec. 25 of the Arm3 Act and sentenced him to rigorous imprisonment for 4 years, and 9 months respectively on these two additional counts.

(2.) The prosecution case, briefly stated, is that Ismail with a view to steal the transformer of Jaipal Singh had been opening its nuts and bolts whereas Nasimuddin had been keeping a watch so that the theft could be accomplished. There was another associate of theirs, named Ashghar, who was also involved in the conspiracy. The Sub-Inspectors, Satyavir Singh, Gajendra Singh and Anand Singh, who were accompanied with Rajendra Nath and Karan Singh Constables were informed about 1.30 a.m. in the night between Oct. 10 and 11, 1974 regarding the theft going on. They sent for the witnesses. Of them, Sukhram Singh, Jaipal Singh and Lallu Singh arrived. On reaching the field of Jaipal Singh at 1.40 a.m. in village Shahpur they saw the appellants engaged in the theft. When they proceeded to apprehend the above thieves, Nasimuddin fired at them. Rs.'-.ily, no one was hurt. On being arrested Nasimuddin was searched and from his possession unlicensed fire-arms were recovered. Ismail, too, was taken into custody when he climbed down but Ashgar managed to make good his escape.

(3.) The report of the incident was lodged on 11.10.74. It, however, is not clear as to what was the time when it was taken down in the police station Najibabad.