CHANDRA SEN Vs. STATE OF U P

JUDGEMENT

(1.) R. K. Singh, J. This appeal arises out of the judgment and order dated 12th Decem ber, 1978 passed by Sri L. S. Shukla, VI Additional Sessions Judge, Shahjahanpur in Session Trial Nos. 190 of 1976,320 of 1977,317 of 1977,330 of 1977,350 of 1977 and 289 of 1977 by which all the five appellants have been convicted and sentenced to pay a fine of Rs. 400 each under Section 144, IPC and in default of payment of fine to undergo rigorous imprisonment for six months each. All the appellants were, however, charged for the offence punishable under Sections 144 and 307 read with Section 149, IPC and Section 25 (1) (b) of the Arms Act. They were acquitted of the charge under Sections 307/149, IPC and 25 (1) (b) Arms Act while they were convicted and sentenced for the offence punishable under Section 144, IPC as mentioned above.

(2.) THE prosecution case, in brief, is that in the night of 1st of June, 1975 at 8. 30 p. m. the Station Officer of police station Powayan got a confidential information that a few criminals have collected at the house of Ram Sagar son of Dodram in village Jarmanu. Accordingly he took with him the police personnel and reached at the house of Ram Sagar in village Jarmanu at about 9. 30 p. m. and they entered into the house of Ram Sagar in village Jarmanu and found five persons sitting on the cot in the court-yard (Angan) of the house. As soon as the said person saw the police force, two of them fired at the police force. THE remaining three persons were armed with Bhalas. THE police force took shelter of the wall by the side of the door so they were not hit by the bullets. THEy then surrounded those five persons and arrested them and recovered two fire arms and three Bhalas from the said five accused persons. THEy brought them to the police station and after complet ing the investigation in the case they submitted charge-sheet against them.