CHUNNOO AND OTHERS Vs. STATE

JUDGEMENT

(1.) On the night between the 10th and the 11th October, 1950, the three houses of Umrao Gaderia, Chutta Ahir and Tulsi Teli, facing each other in village Bakania were looted by dacoits said to number between 30 and 40. Param Sukh (P.W. 1), a neighbour, was woken up by the noise of the dacoits and went to Nimsar, where the police was posted in connection with Mela duty, for help. At the temple of Lalta Debi he met Head Constable Hem Singh and some Constables including P.W. 4 Ram Saran and told them about the dacoity. The Head Constable directed him to the Station Officer Misrikh, Sub-Inspector Ram Karan Singh (P.W. 38) who was staying in a Dharamshala nearby. The Sub- Inspector recorded a first information report dictated by Param Sukh, (Ex. 12), and proceeded to the spot immediately with the police Constables armed with muskets but they adopted different routes so as to reach the spot from two different directions.

(2.) The dacoity was still in progress. There was an exchange of fire between the dacoits and the police party. Most of the dacoits managed to escape with much of the stolen property but Chunnu was beaten down with lathis and arrested on the spot with some stolen property, Ram Dayal who had a pistol, Ram Lal and Badlu received gunshot injuries and were also arrested immediately: Ram Dayal and Ram Lal being arrested at the scene of the dacoity while Badlu who had managed to creep away was captured in a bajra field.

(3.) Various other persons were arrested on various dates and all, except the four persons arrested on the spot, were put up for identification on the 11th of November and the 13th and 21st December, 1950. After the completion of investigations the persons who had been identified and the four persons caught on the spot were prosecuted and Badlu, Chunnu, Ram Dayal, Ram Lal, Faqirey, Chaudhi, Bhikari, Bindra, Jia Lal, Tilak, Gulzari, Puttu, Sukha, Maiku and Dularey were committed to stand their trial in the court of Session at Sitapur, while Ram Singh and Lachhman were discharged.