RAM BHAROSEY Vs. STATE

JUDGEMENT

(1.) This is an appeal against the judgement and order dated 16-1-1980, passed by Shri B. B. Sisodia, Additional Sessions Judge, Agra in S. T. No. 517 of 1979, State v. Ram Bharosey, whereby he convicted the accused-appellant for the offence under Section 307 read with Section 1491. P.C. and for the offence under S. 147 I.P.C. and sentenced him to four years R. I. and one year's R. I. respectively. Both the sentences were ordered to run concurrently.

(2.) The prosecution story was that S. O. Ram Singh Manral of Police Station Tejganj, Agra made his departure on 10-12-78, along with Constable Shiv Singh and three more constables from the police station; that after doing Patrasi about the dacoity of village Lakewali in Crime Case No. 424 under Section 395/497 I. P. C. when he reached village Guthla he received an information through an informer that some bad characters are about to assemble in the Har of village Gangraue near the Arolly of Ram Khelari for the purposes of committing dacotiy in village Gangraue; that on this information he took with him licence holders Jahan Singh and Ghurey Lal of village Guthla as also one Kaptan Singh of village Lothai; that on reaching outside the village Gangraue at the tube well of Bahadur Singh, he told them about the purpose; that after taking the usual search he made two parties; that he kept with him Constable Ram Gopal, Constable Shiv Singh, H. C. Brahma Pratap Shah and licence holder Jahan Singh; that in the second party he kept S. I. Mahendra Pal Singh, Constable Kaptan Singh and public witnesses Ghorey Lal and Constable Gopal Singh; that after the giving of necessary instructions both the raiding parties reached on the spot at 11.30 p. m. and took their position; that at that very time the glow of smoking of Biris was seen coming from north from under the Gular tree which gave an indication about the presence of bad characters; that S. O. Ram Singh Manral challenged them to surrender their weapons and themselves; that thereupon the bad character and on police parties hurling abuses and threats, "Hamare Pass Hathgole Bhi Hain Bhoon Dalenge"; that then S. O. Ram Singh Manral fired a V. L. P. Shot; that in the light of V. L. P. they saw seven bad characters taking position under the tree; that Constable Shiv Singh identified Shiv Singh alias Shibbo deceased and Ram Bharosey, accused-appellant, in the said light who were seen amongst the bad characters; that at that very time a fire came from the side of bad characters which passed from near the ear of S. O. Man Singh Manral but he escaped injury; that at this he ordered the force to take control over the bad characters and fire in self-defence; that after firing continued from both sides for about 15-20 minutes one bad character Shiv Singh alias Shibeo fell down at the spot on receiving fire-arm injuries and present appellant also received fire arm injuries but his companions managed to carry him away and ran away towards north while firing shots; that when firing was over Shiv Singh alias Shibbo deceased was found there lying dead on the spot due to firearm injuries; that he found near his right hand an imported gun with an empty cartridge; a. L. G. cartridge in a belt tied in waist, four cartridges of pellets, a cartridge, hand-filled and 3 empties. There were also found lying on the spot four empty cartridges; that Shiv Singh alias Shibbo (died on the spot) and accused-appellant both were absconding having jumped bail in so many cases of murder etc. and they were being prosecuted for several cases of dacoity etc.

(3.) The S. O. Man Singh Manral then returned to the police station Tejganj, District Agra and lodged a verbal report at 2.05 a.m. on 11-12-78, on the basis of which a Check Report (Ext. Ka. -12) was prepared and a case was registered at serial No. 52 of the G. D., true copy of which is Ext. Ka.-13.