BHURA Vs. STATE OF U P

JUDGEMENT

(1.) Appellants, who are four in number namely Bhura, Ramvir, Durjan and Laxmi have preferred this appeal against the impugned judgment and order dated 23.3.1982 passed by Special Judge (schedule offences), Mainpuri in S.T. No. 5 of 1982, State Vs. Bhura and others, P.S. Eka, District Mainpuri by which they have been convicted for offences under sections 148, 307/149 I.P.C. and are sentenced to 2 years RI under section 148 I.P.C., six years RI under section 307/149 I.P.C. Their sentences has been directed to run concurrently.

(2.) In nutshell, prosecution version was that on 3.8.1981, informant SI D.P. Gaur P.W.1 along with constables CP 49 Bhagwan Singh P.W. 2, and P.A.C. Personnel HC 3735 Rajpal Singh, Naik Shankar Lal, Consts. Himanchal Singh, Gopal Singh, Sita Ram, Rajbir, Shankar Kheda, and Keshav Singh started from police gang outpost Suraya, of P.S.Enka, district Etah, at 3.30 p.m. on a petrol duty in search of bandit gangs. When they reached near village Nagla Bali, they spotted the gang of Bhura dacoit along with his companions including the appellants and acquitted accused Babu and three unknown dacoits coming from the side of village Nagla Bali at 6 p.m. On inquiry being made by the police party, the dacoits resorted to firing in an attempt to annihilate them. Exchange of fire thereafter ensued between the police party and the dacoits but taking advantage of the situation and concealing behind the standing crops and ensued darkness dacoits escaped from the place of the incident. Police party laid a chase to apprehend them but had to abort their attempt and they returned back empty handed. Appellants Bhura, Durjan, Lakshamai and Ramvir were identified by the police party who were known to them since before the incident. Informant collected empty cartridges fired by the police party in cross exchange of fires, material exhibits 1 to 26,from the place of the incident,sealed them at the spot, prepared it's recovery memo, Ext. Ka-1 in the presence of present police personnel, and thereafter police party returned to gang police outpost Suraya and stayed there overnight. Following day 4.8.1981, they came back to the police station Enka district Mainpuri where, at 2 a.m., informant P.W. 1 lodged recovery memo Ext. Ka-1,on the basis of which, constable clerk Mahendra Singh P.W. 5, prepared chik FIR Ext. Ka-2 and GD entry Ext. Ka-5 and registered the offence as crime no. 115 of of 1981, under sections 147, 148, 149, 307 I.P.C. against six named and three or four unnamed dacoits.

(3.) SI Yashvir Singh P.W.3 commenced investigation into the crime but he only slated down 161 Cr.P.C. statement of the informant. Further investigation was conducted by SI M.P. Singh P.W.4, who after receiving the intimation of surrender of all the accused on 19.12.1981 recorded their statements, conducted spot inspection and prepared site plan Ext. Ka-3 and wrapping up the investigation charge sheeted the accused on 14.1.1982 vide Ext. Ka-4, directly before Sessions Court under section 7(1)(b) of U.P. Dacoity Affected Areas Ordinance, 1981.