SULEY KHAN AND OTHERS Vs. STATE

JUDGEMENT

(1.) Out. of these 22 appellants, appellants Nos. 1 to 21 have been convicted under Sections 147, 225, 332, 149 and 323/149, I.P.C. and sentenced to two years R. I., two years' R. I., two years R.I. and one year's R. I. respectively under those counts. Appellant No. 4 has further been convicted under Sec. 323, I. P. C. and sentenced to two years R. I. Appellant No. 22 has been convicted under Sec. 148, I.P.C. and sentenced to three years R. I. He has been further convicted under Sec. 19(f), Arms Act, and sentenced to two years R. I. The learned Civil and Sessions Judge of Bulandshahr has directed all the sentences of the appellants to run concurrently.

(2.) The prosecution story, in short, is as follows:-

(3.) Sub-Inspector Shyam Singh told the assembled villagers that the police had come on a lawful object for effecting arrest of Bhamman and others who were wanted in criminal cases and that they should disperse. Meanwhile Gulab Singh constable caught hold of Bhamman. Thereupon all the 33 villagers made a concerted attack on the police party with their respective weapons and got Bhamman accused released. Azeem Khan fired twice from his pistol but fortunately none was injured. Sub-Inspector Shyam Singh gave a lathi blow at the hand of Azeem Khan and snatched away his pistol. The police party also wielded their dandas and succeeded in arresting 26 members of the unlawful assembly at the spot Seven of them, however, managed to escape. Sub-Inspector Shyam Singh, some members of the police force and some public men, who were included in the police party, had received injuries at the hands of the appellants and their associates in the incident. Gandasas, lathis and pistol with which the miscreants were armed were taken in possession and a recovery memo Ex Ka. 2 was prepared in respect of the same. On the arrival of further police force from police station Khurja, consisting of Circle Inspector, one Sub-Inspector and some constables, all the 26 persons arrested at the spot, were made Baparda and brought to the police station Jewar where a report of the occurrence was lodged at 12 noon on May 6, 1962. A case was registered which was investigated by Sri N. C. Malik, Circle Inspector.