PRITHVI NATH PANDEY Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal filed by 13 appellants is directed against the judgment and order dated 25-3-1983 passed by the Special Judge (Additional Sessions Judge) Ballia in Sessions Trial No. 174 of 1980, convicting them under sections 332 and 225, IPC and sentencing each of them to undergo 3 years R.I. and one year's R.I. respectively and further convicting all of them except appellant Dhananjai Pandey under Section 342, IPC and sentencing each of them to undergo one year's R.I. All the sentences have been directed to run concurrently.

(2.) The prosecution case for the offences under Section 395, IPC against all the appellant and under Section 412, IPC against appellant Prithvi Nath Pandey were not found established and, therefore, the trial court acquitted all the accused-appellants for the said offences, they were charged with as mentioned above.

(3.) The prosecution case is that on 21-2-1980 constable Rajendra Prasad Tiwari (P. W. 1) was posted at police out-post Lalganj, Police Station Baria, District Ballia. On that date under the written order of S. I. Shyam Surat Misra, Constable Shripat Ram, H. C. Raghunath Rai along with licensees Bhrigu Prasad and Ramapathi Kesarwani had gone to arrest one Dhananjai Pandey to village Jagdishpur in Case Crime No. 42 of 1980, under Section 380, IPC. They reached on the spot at about 7.30 am Constable Rajendra Prasad Tiwari had a D.B.B.L. gun and cartridges belonging to Bhrigu Prasad and Constable Shripat Rai had a D.B.B.L. gun cartridges belonging to Ramapathi Keshari. They arrested Dhananjai Pendey and started to the police station. When they reached near the house of Ram Nath Pandey of the said village the remaining 12 accused persons and 4-5 others armed with Lathis came there and surrounded them. They wanted to see the warrant about the arrest of Dhananjai Pandey and the written order was shown to them. In the meantime the accused Yadunath Pandey, Ramdeo Pandey, Barmeshwar Pandey and Sheo Prasad caught hold of Constable Rajendra Prasad Tiwari (P. W.1) and accused Prithvi Nath Pandey gave Lathi blow at his right hand and snatched his gun and they got Dhananjai Pandey accused released after assaulting Constable Rajendra Prasad Tiwari with Lathi and fists. In the meantime H. C. Raghunath and Constable Shripat Rai advanced to apprehend the accused Dhananjai and to rescue Constable Rajendra Prasad Tiwari. Accused Ram Nath Pandey, and Ram Adhar Pandey started beating Constable Shripat Ram and accused Ram Nath Pandey snatched the gun of Shripat Rai and handed it over to accused Chandra Deep. Accused Uma Shanker Misra, Ram Nath Pandey, Chandra Deep Pandey and three-four others caught hold of H. C. Raghunath Rai and started beating him with fists. At this stage witnesses Panchanand Misra, Ram Lakhan Misra, Ram Nath Pandey, Rajbali Yadav arrived on the spot and saw the occurrence. In the meantime finding opportunity Constable Rajendra Prasad Tiwari (P.W.1) rushed towards police station H. C. Raghunath Rai and Constable Shripath Ram, who were taken by the accused persons, were released. Constable Rajendra Prasad Tiwari lodged the first information report orally at police station Bairia on 21-2-1980 at 8.30 a.m. against the aforesaid 13 named persons and 4-5 unknown persons. H.C. Vindhyachal Singh (P. W. 8) prepared the chik report (vide Ex. Ka-1) and registered the case at serial No. 10 of the General Diary (vide Ex. Ka-11) S.I. Shyam Surat Misra along with H. C. Raghunath Rai and other police personnel accompanied by the informant left for the village Jagdishpur. Harish Chandra Misra, S. O. Police Station Baria, who was returning after patrolling duty from village Dubey Chhapra-Sudhar Chhapra, was informed by Constable Rama Prasad in Baria Bazar about the occurrence. In the meantime S. I. Ram Surat Misra had also come with force there. Then S. O. Harish Chandra Misra (P. W. 7) along with police force proceeded towards village Jagdishpur. On way, two public witnesses Uma Shankar Sahu and Barmeshwar were also taken with the police force. They then entered the village Jagdishpur and while they were near the plani of accused Ramdeo Pandey, they saw constable Shripathi Ram and H. C. Raghunath Rai having been confined by the accused persons near the Plani of Ramdeo Pandey. On Seeing the police personnel, the accused wanted to run away, but eight of them, namely Yadunath Pandey, Chandra Deep Pandey, Raj Nath Pandey, Deena Nath Pandey, Ramanand, Ramdeo Pandey, Ram Nath Pandey, and Uma Shanker Misra, could be arrested by the police. H. C. Ragunath Rai and Constable Shripati Ram were rescued from the confinement. The other accused persons succeeded in making good their escape. S. I. Ram Surat Misra prepared memo in respect thereof (vide Ex. Ka-2). Then accused Prithvi Nath Pandey was interrogated about the snatched guns and he told that the said guns had been concealed beneath the Latari crop in the Plani of Yadunath Pandey. S. O. Harish Chandra Misra (P. W. 7) along with witnesses Barmeshwar and Uma Shankar was taken by accused Prithvi Nath Pandey inside the Plani and got the recovery of two D.B.B.L. guns bearing Nos. 89101 and 3597 made. These guns were taken in possession and recovery memo (Ex. Ka-4) was prepared on the spot by S. I. Shyam Surat Misra. Thereafter, the informant S. I. Rajendra Prasad Tiwari, H. C. Ragunath Rai and Constable Shripat Ram were sent for medical examination.