DWARKA Vs. STATE

JUDGEMENT

(1.) EIGHT persons Dwarka, Bhuiya Din, Inderpal, Ram Gopal, Mahadin, Gharibe, Chhanga and sarju have appealed against their conviction under Section 402, I. P. C. and a sentence of two years' rigorous imprisonment. Of these Inderpal, Ram Gopal, Sarju, Chhanga and Dwarka were further convicted under Section 19 (f), Arms Act and sentenced to rigorous imprisonment for one year and they have appealed against their conviction under that section as well. The charge under section 19 (f), Arms Act was tried by a jury, which returned a verdict of guilty.

(2.) THE prosecution case was that Mohammad Alam, Sub-Inspector, belonging to the investigation squad of the C. I. D. , Lucknow, had gone in the morning of 7-10-1951, to mohanlalganj for investigation of a case under Section 457, I. P. C. At about 6 p. m. he received information that some bad characters had assembled near the railway station. Immediately he went up along with a police party consisting of three Sub-Inspectors, 4 constables and three or four other people of the town. The railway station is at a distance of about two furlongs from the police station and in between the two, about a furlong and a half from the police station, there is an old dilapidated building called the 'bardasht Khana'. As the party approached the Bardasht khana, they heard whispering sound. The police party surrounded the place and challenged the inmates. About 18 or 20 persons came out and fled in various directions. Eight of them were, however, arrested by the police party and these were the appellants. From the possession of Ram Gopal one country made pistol and some cartridges were recovered and from the possession of Inderpal also a country made pistol and some cartridges were recovered. Prom the possession of Sarju, chhanga and Dwarka some cartridges were recovered. The police prosecuted the appellants on the allegation that they had collected at that place with the intention of committing a dacoity.

(3.) THE appellants denied the commission of the offences and gave various places as the place of their arrest, but admitted that all of them were arrested in the afternoon of the same day.