MAQBOOL AHMAD Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Accused Maqbool c Ahmad, Ikram Uddin, Panna Lal and Ramdhiraj were convicted under Sections 399/402, I.P.C. by c the then IVt Additional Sessions Judge, Fatehpur, vide his judgment and order dated a 28.7.1979 in S.T. No. 9/76 of that district. They r were sentenced to undergo 4 years R.I. These accused were further convicted under Section 25, Arms Act and sentenced to undergo one years R.I.

(2.) As per the prosecution story contained in the memo of recovery Exhibit Ka 1, dated 7.11.1975, an information was received by P.W. I L.N. Dubey, the then S.I. on duty that some dacoits had planned to commit dacoity at the house of Ram Narain Yadav of village Hauliyapur, hamlet of Dhankamai, P.S. Bindki, District Fatehpur. The information was registered in the G.D. Thereafter, the police party made preparation to depart for the place of occurrence. Constables Raj Deo Misra and Dinesh Dixit were directed to procure the attendance of public witness. After these witnesses arrived, S.I. concerned went to the spot inspected it and divided the force into three parties. Party NO.1 was headed by S.I. himself. He took his position towards the south of the grove. Party No.2 took its position towards the north and party No. 3 was located to the west of the above. About 12 p.m. the dacoit started trickling one by one. They were smoking and talking in the words that they were sufficient in number although the leader had not come out by that time people would have slept and thus it was proper opportunity to commit dacoity and thus saying they stoop up and were about to move for the place of their destination. Hearing his conversation, the S.I. was convinced that this was a gang of dacoits, for whom they were searching. Therefore he challenged them to surrender before the police as they had been surrounded by him. He also fired 3 V.L.P. shots. They dacoits started running away but they were over-powered and arrested. They gave their names as Maqbool, Ikram, Pannal Lal and Ramdhiraj. Three dacoits escaped taking advantage of the circumstances.

(3.) After arrest, searches were made. From the possession of Ikram Uddin, one Country-made pistol and 3 live cartridges from Panna Lal, one country-made pistol and 3 live cartridges from Maqbool, one country-made pistol and 7 live cartridges and from Ramdhiraj, one pharsa were recovered. These articles were sealed on the spot and memos were prepared. After executing the recovery memo on the spot in torch light, the police party returned to the P.S., where cases were registered in the G.D. On 9.11.1975 at 4.15 a.m. after negotiating a distance of about 2 miles.