CHHOTEY Vs. STATE OF U P

JUDGEMENT

(1.) Accused Chhotey, Ram Ashre, Durga alias Daroga Pal, Ram Lai alias Shri Kishan, Tiwary alias Guru and Shlv Ram have preferred this appeal against the judgment and order dated 13-5-1981 passed by Sri T. P. Gupta, the then Additional Sessions Judge, Kanpur whereby he convicted all the six accused under Sections 399/402, IPC and sentenced each of them to undergo rigorous imprisonment for a period of three years under Section 399, IPC and rigorous imprisonment for a term of three years under Section 302, IPC. Accused Chotey, Ram Ashre, Durga alias Daroga Pal and Ram Lal alias Shri Krishna were further convicted under Section 25 of the Arms Act and each of them was sentenced to suffer rigorous imprisonment for a period of two years. All the sentences of the accused were directed to run concurrently.

(2.) Appellants Chotey, RamAshre, Durga alias Daroga Pal and Tiwary alias Guru expired during pendency of this appeal. Hence their appeal stands abated.

(3.) The prosecution came to the Court with the allegations that on 28-8-1979 at about 7.00 p.m. S. I. Ashok Kumar Sharma the then S.O. police station Sachendi, received information that a gang of dacoits headed by Devi Din alias Pathan would assemble under the Mango tree standing in the plot of Siddha, son of Babu Ram to commit dacoity at the house of Ghasitey, son of Chidda, a resident of village Rustampur Believing this information to be correct, the S.O. collected the entire police force and entire police force fully armed and led by S.O. left the police station at 8-30 p.m. They reached village Bhairampur at about 9-30 p.m. Four public witnesses, namely, Kripal Singh and Ram Swarup with their guns, Gama and Mullu with lathis and torches, were summoned through constable Samsher Bahadur Singh. The entire police force and public witnesses were divided into three parties. H.C. Hridai Narain and two constables Pati Ram and Samsher Bahadur Singh along with their arms were deputed to the house of Ghasitey for his protection. All the three parties took their position in the plot of Siddhe. After half an hour, three miscreants arrived there and started smoking under Mango tree. Again, three miscreants reached there and joined their companions. Thereafter, four dacoits arrived there, including Gang leader Devi Din. There was complete darkness. They all were heard saying that Sardar had also arrived and they were getting late. They stood up to proceed to their destination. The police force was satisfied after hearing the conversation amongst the dacoits that a Gang of dacoits with preparation to commit dacoity had assembled there. Therefore, the S.O. fired twice from V.L.P. and challenged the dacoits that they had been surrounded by the police. All the members of the three parties flashed their torches and surrounded the dacoits and succeeded in apprehending six dacoits on the spot. This arrest was made at about 11.15 p.m. However, four dacoits ran away towards south. Maiku Pal, who was one of the four dacoits, was identified correctly in the light of V.L.P. and torches. After personal search, one country made pistol and four cartridges were recovered from the possession of Ram Ral. A pharsa was recovered from the possession of Shiv Ram. All articles, weapons and cartridges recovered from the possession of the dacoits on the spot were sealed separately and sample of Fard was prepared. The arrested dacoits were made 'Baparda' and Fard recovery was prepared on the spot, which was signed by entire police force and the public witnesses.