RAMESHWAR Vs. STATE

JUDGEMENT

(1.) HEARD Sri P.S. Pundir, learned Amicus -curiae for the appellants, Sri R.K. Maurya, learned AGA for the State and perused the record.

(2.) THIS appeal has been filed against the judgment and order dated 25.11.1982 passed by IV Add. Sessions Judge in S.T. No.17 of 1981 and S.T. No.205 of 1981 convicting and sentencing each of the appellants under Sections 399, 402 IPC and 25 Arms Act to undergo rigorous imprisonment for 5 years and 2 years respectively. Esch of these sentences shall run concurrently.

(3.) THE prosecution story as has been set -out is that on 10th day of March, 1980 at about 3.30 in the day at the house of Sheodan Singh, in village Jarera, situate within police circle Hasayan, district Aligarh, the accused assmbled for the purpose of commission of dacoity. On an information laid to Sri Horilal, the then Station Officer of police station Hasayan by an informer a raid was organized for the arrest of the miscreants and in such an attempt all the seven accused on trial in this case could be arrested after the police party headed by the Station Officer was satisfied from the talks of the accused as could be heard by them that it was a gang of dacoits which had assembled for the purpose of commission of dacoity somewhere. A search of the arrested accused resulted in the recovery of certain incriminating articles from their possession as detailed in the case.