SADHOO Vs. STATE OF U P

JUDGEMENT

(1.) This appeal has been filed by SADHOO, Phoolan Singh, Mohkam Singh and Raghubir against their conviction and sentence under sections 399/402/ 307/149 Indian Penal Code and 25 Arms Act, excepting Raghubir imposed on them by Sri R A. Singh, I Additional Sessions Judge, Mainpuri-vide his judgment dated 8-4-1976.

(2.) The case against the appellants was that Sri Bakhat Singh P. W. 1 posted as Station Officer, Khairagarh along with his Head Constable Room Singh Sub-Inspector Sobaran Singh, some police constables and two sections of P.A.C. set out from the Police Station Sikohabad in search of the hated gang or notorious dacoits Jai DAYL and Shree Krishna on 10-9-1974 at 1.05 P.M. after making of the entry of their departure in the General Diary of Police Station Sikohabad by clerk constable Ram Bhajan P. W. 3 copy of which is Ex. Ka 8. As they reached the town of Sirsaganj they were met by an informer that the gang would collect at the house of Mohkam Singh appellant in Nagla Dharma and the gang was contemplating a dacoity at the house of Saheb Singh, Pradhan of village Paigu. Sri Bakhat Singh then went to police station Sirsaganj and took with him Harpal Singh P.W. 2 Station Officer, Sirsaganj at that time and constables Badan Singh and Ram Bharosey were sent to the house of Saheb Singh for his safety. They came back to the crossing where Shyam Singh P.W. 4 and one Mahabir Singh met who were bound for Sikohabad. They were asked to accompany the police party for this raid and they an went on a P.A.C. truck and reached village Bajuwa leaving the truck there Thereafter Sri Bakhat Singh divided the force into two parties and took mutual search of each other. The first Party was headed by Bakhat Singh and included Shyam Singh P.W. 4 alongwith others. Second party was headed by Sri Harpal Singh, P.W. 2 and included the public witnesses Mahabir Singh and others. The first party was posted on the north-west of the Kotha while the second party was posted on the southern-east of the Kotha. They saw the burning of a match-stick and over-heard someone saying that it was no use to wait for Prem Singh and they should proceed to commit dacoity at the house of Saheb Singh Pradhan with out any delay. Station Officer Bakhat Singh being satisfied that they were dacoits inside the Kotha, challenged them by flashing torches and asked them to surrender as they were surrounded by the police. The dacoits emerged from the Kotha and fired at the police party. The police party returned the fire. The police party succeeded in capturing the appellant on the spot while others made good their escape. The names of these who had escaped were told by Shyam Singh and Mahabir Singh to be Jai Dayal, Shree Krishna, Chandra Bhan and Viddya Ram, another Shree Krishna and Tandon. On the search of the appellants a S.B.B.L. 12 bore gun Ex. 1 having a spent cartride in its barrel and a leather bag containing 5 live cartridge (Ex. 211 to Ex. 2/5) were recovered from the possession of Sadhoo. From the possession of Phoolan Singh a leather bag Ex. 4 containing 16 live cartridges Ex. 6 and a pistol Ex. 5 was recovered. From the possession of Mohkan Singh a country made pistol Ex. 7, 3 live cartridges Ex. 8, torch Ex. 9, match-box Ex. 10, a bin bundle Ex. 11, a protective spectacles Ex. 12, a fountain pen Ex. 13. A safety razor Ex. 14 and a plastic bag Ex. 15 were recovered. A lathi Ex. 16 was recovered from the possession of Raghubir. Excepting the lathi all other articles were sealed on the spot and recovery memos Ex. Ka. 1 to Ex. Ka. 4 were prepared. From the place where the dacoits had assembled articles Ex. 17 to Ex. 36 were recovered and a memo Ex. Ka. 5 were prepared. Empities of the cartridges used by police force were collected and a memo Ex. Ka. 6 was prepared. The arrested persons were. made papurdah and as such brought to the police station Sikohabad on 11-9-1974 at 6.30 A.M. and Bakhat Singh P.W. 1 dictated his report Ex. Ka. 7 to Ram Bhajan P.W. 3 and an entry was made in the General Diary of Police Station copy of which is Ex. Ka. 9. As the case pertained to the jurisdiction of police station Ghiror, papers were sent for investigation after making a note in the General Diary copy of which is Ex. Ka. 10. Sri D. P. Gautam P.W. 5 started investigation of the case, recorded statements, of the witnesses inspected the locality and prepared a site-plan Ex. Ka. 11 and after completing investigation submitted a charge-sheet Ex. Ka. 12 to Ex. Ka. 15 against the accused.

(3.) The accused pleaded not guilty and attributed their implication in the case due to enmity. The learned Session Judge came to the conclusion that the offence under Sections 399/402 Indian Penal Code was made out against all the appellants and that of section 25 Arms Act against the appellants excepting Raghubir.