RAM SEWAK Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Accused appellants Ram Sewak, Dularey, Bhikhu, Sukhdeo and Mallabir have been convicted and sentenced to undergo R.I. for a period of five years under Section 399 IPC. and four years under Section 402 I.P.C. The appellants Ram Sewak, Dularey, Bhikhu and Sukhdeo have been further convicted and sentenced to undergo R.I. for a period of one year under Section 25 of the Arms Act with the directions that all the sentences of each accused shall run concurrently.

(2.) The facts which have given rise to these appeals are briefly put as below.

(3.) Sri Sita Ram Arog (P.W. 1) the then Sub-Inspector Police Station, Thariyaon, district Fatehpur, received information on 7th of March 1975 at 3.20 P.M. that the gang of Dularey Chamar was going to commit dacoity in the house of Shiv Ram Pradhan in village Michki and that the gang consisted of 11 to 12 dacoits and would assemble towards the north of village Michki in a nala. The Station Officer on receipt of this information proceeded along with police force towards the aforesaid nala after making entry in the General Diary. Two constables Kunj Behari and Nirmal Chand were deputed to bring witnesses and meet the police party towards the west of Jamalpur. The Station Officer then reached towards the north of Jamalpur and asked the police force to stay there. He himself went in the Nala where the dacoits were to assemble and inspected that place with the assistance of the informant. He then came back at the place where the police party was staying. Two constables brought the witnesses Ram Sia, Ganga Dhar (P.W. 3). Shiv Singh (P.W. 4) Chandrapal, Ram Siroman and Rais Pal on that very place. The Station Officer then explained the entire matter to the witnesses and divided the entire force in three parties. First party was led by him. The second party was led by Sub-Inspector Ram Murti Misra (P.W. 2) and the third party was led by Kunj Behari constable. Ganga Dhar was in party No.2 and Shiv Singh was in party No.3. The first party which was led by Station Officer took its position towards the west of the nala behind a mango tree. The second party led by Ram Murti Misra S.I. took its position towards the east of the nala beneath a him tree and by the side of a Khain. The third party led by Kung Behari took its position towards the south of the nala behind Mahwa tree at about 10.30 P.M. After about half on hour four dacoits came from northern side and sat down in the nala. Shortly thereafter two other dacoits came from northern side and joined them. Shortly thereafter three dacoits came and joined the former dacoits in the nala and all of them began to talk together. One of them said that Jhitampurwala had not come by that time. The other said that they would be coming. Let them wait. After sometime one of them said that they had sufficient force as well as arms and ammunition. They should proceed and commit dacoity otherwise they would be late. The decided to take possession of the gun of the Pradhan in the very beginning. Thereupon, all the dacoits got up and were ready to proceed. Just then the Station Officer Sri Arog (P.W. 1) fired two rounds and challenged the dacoits saying that the dacoits had been surrounded by police force and they should surrender and lay down their arms. The dacoits then began to run. All the three police parties surrounded the dacoits inside the nala and arrested six of them after beating them. Three of them, however, managed to escape. A country made pistol and four live cartridges were recovered from the possession of appellant Ram Sewak. One country made pistol and four live cartridges were recovered from the possession of accused appellant Dularey. One Pharsa was recovered from the possession of appellant Bhikhu and one spear was recovered from the possession of the accused Sukhdeo. The accused along with the incriminating articles were carried to the police station where F.I.R was lodged at 9.30 AM. on 8.3.75. The case, was investigated by Jagmohan Singh (P.W. 5) who submitted charge-sheet against the appellants after completing the investigation. The prosecution examined Sita Ram (P.W. 1) Ram Murti, Misra, (P.W. 2) Gangadhar (P.W. 3) Shiv Singh (P.W. 4) as witnesses of fact. Jagmohan Singh (P.W. 5) is Investigating Officer. The accused have not examined any witness in defence. The learned Sessions Judge on a consideration of the entire evidence arrived at the conclusion that the charges are proved beyond doubt against the accused appellants. He has consequently convicted and sentenced them of the same. They have felt aggrieved and come up in appeal.