STATE OF UTTAR PRADESH Vs. BARNAM SINGH

JUDGEMENT

(1.) This is an appeal the judgment and dated 23.7.1979 passed by IV Additional Sessions Judge, Etawah in St No. 434 of 1978 (State v. Barnam Singh & another), under sections 147, 148 and 307/149 IPC and section 25 of the Indian Arms Act.

(2.) The case of the prosecution may briefly be stated as follows Subedar Singh Yadav (P.W. 1), who was, posted as Station Officer in P.S. Ekdil in August 1978, was on patrol duty on 26.8.1978. He was accompanied by S.1. Raghubir Singh, S.1. Malkhan Singh, Constables Batti Lal, Anup Pal Singh, Shiv Prakash and Ram Lakhan. The police n party had left the police station at 7.00 P.M. At 11 about 9.45 P.M. the police party was picketing near the bridge of Nahar Pachdaura. They were one the eastern bank of the Nahar. S.0. Subedar Singh Yadav (P.W. 1) and his colleagues saw 5-6 miscreants coming towards them from die side of Lohia Pul. S.0. Subedar Singh Yadav (P.W. 1) flashed his torch and confronted the miscreants after disclosing his identity. The miscreants then threatened to kill the members of the police party and some of them fired shots towards the police personnel. S.0. Subedar Singh .Yadav and his colleagues that took position and returned the fire. When the fire was returned, the miscreants started running away. They were chased and police party succeeded in apprehending two of them 4 i.e. Barnam Singh and Asha Ram. The arrested persons gave out their names and were searched by S.O. Subedar Singh Yadav (P.W. 1). One S.B.B.L. Gun, one empty cartridge, four live cartridges were recovered from Barnam Singh. One county made pistol, one empty cartridge and two live cartridges were recovered from Asha Ram. The licence was demanded for the fire arms and the cartridges but the accused- respondents failed to produce them. The arrested persons had given the names of their colleagues as Surendra, Gurna alias Guru Narain, Ganga Singh and Darshan Singh Lodhi. The fire arms- and the cartridges were sealed in separate bundles under the recovery memo Ex ka. 2. The respondents were made Baparda and were brought to P.S. Ekdil along, with recovered pistol and cartridges. At the police station a case was registered against the respondents under sections 147, 148 and 307/149 IPC and section 25 of the Arms Act.

(3.) Routine investigation followed. SI Harihar Singh (P.W. 3) the Investigation Officer, after completing his investigation in the case and after obtaining sanction from the District Magistrate for launching a prosecution against the respondents under section 25 of the Arms Act, had submitted the charge sheet (Ex lea. 4 to lea. 6).