BARFI LAL Vs. STATE

JUDGEMENT

(1.) Both these appeals arise out of judgment and order dated 19.11.1982, passed by Sri S.P. Lal, the then VI Additional Sessions Judge, Mainpuri, in Sessions Trial No. 256 of 1981, convicting and sentencing both the accused appellants as follows: one year's R.I. under Section 148 IPC; seven years' RI under Section 307 read with 149 IPC and one year's RI under Section 25 of Indian Arms Act. All the sentences were ordered to run concurrently.

(2.) Both the appeals have arisen from a common judgment but Criminal Appeal no.3214 of 1982 was heard on 20.11.2012 and judgment reserved but Criminal Appeal No. 3092 of 1982 could be heard only on 7.1.2013. since both the appeals have arisen from a common judgment, they being taken up together.

(3.) Prosecution story as per FIR and evidence on record runs as follows: While patrolling PW 1, S.I. Tilak Singh Yadav alongwith S.I. Munshi Lal Sharma, PW 2 S.I. Rakesh Kumar Rai and seven other constables in the intervening night of 8/9th January 1981, at about 12.45, when reached at Bhatta Kharja of Ratan Lal situated on Karhal Road, P.S. Ghiror, District Mainpuri, noticed some miscreants forming unlawful assembly armed with deadly weapons, who had lighted Bidi. The police party hid themselves behind the wall of culvert bridge and challenged miscreants, whereafter the miscreants opened fire on police party with intention to kill. Thereupon, Munshi Lal Sharma opened two V.L.P. fire which emanated enough light and on his command, PW 1; PW 2 SI Rakesh Kumar and Constables fired at them in their self defence. The accused started fleeing but out of six, the police party succeeded in arresting three accused. Arrested accused disclosed their names as Gyan Singh (appellant), Barfi Lal (appellant) and Rasua alias Shyam Charan. On search being conducted, a countrymade pistol of .12 bore, two empty cartridges and four live cartridges were recovered from the person of accused appellant Gyan Singh; one countrymade pistol of .12 bore, one cartridges entrapped in barrel of pistol and three live cartridges from right pocket were recovered from Barfi Lal; 2 live cartridges L.G. and one old iron sword were recovered from possession of third accused Rasua alias Shyam Charan. Recovered items were sealed in different packets and recovery memo prepared and deposited in Malkhana. FIR of incident was lodged. The case was registered at the police station Ghiror, on 9.1.1981 at 3.15 A.M.