ASHOK KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) Accused Ashok Kumar, son of Uma Shaker Brahman, has come up in appeal to this Court under Section 374 Cr.P.C. and has challenged the judgment and order-dated 28.2.1981 passed by Sri M.P.S. Tomar, the then Additional Sessions Judge, Mathura whereby he convicted the accused alongwith three others under Sections 399 and 402 I.P.C. and Section 25 of the Arms Act and instead of sentencing him to any punishment released on probation of good conduct on executing a personal bond for a sum of Rs. 1500/- and furnishing two sureties each in the like amount for a period of one year. It may be mentioned here that three accused Shrichand, Jutti and Bhura who were also convicted and sentenced alongwith Ashok Kumar filed Criminal Appeal No. 527 of 1981 and the appeal was disposed of on 2.5.97.

(2.) In brief, the facts of the case leading to the prosecution of the appellant were as under: On 20.3.78, S.I. Laxmi Chand and S.I. Babu Ram Yadav were posted as Sub-inspectors at P.S. Raya, District Mathura. An intimation was received at Police Station that an armed gang of dacoits would assemble in the night at Dharamshala to commit dacoity at the house of Gajraj Singh in village Rajgela. An entry was made in the G.D. at serial no. 35. The police decided to take preventive action. S.I. Laxmi Chand, S.I. Babu Ram Yadav and constables Ram Veer Singh, Malikhan, Ramphal Sharma, Tirath Singh, Ram Narain and Gaya Prasad fully armed with revolvers, rifles and guns and V.L.P. left the Police Station for necessary action vide entry in the G.D. at serial no. 32 on 20.3.78. The police force left the Police Station at 8-45 P.M. The police force reached village Anaura. Two constables were sent to village to bring public witnesses. After a few minutes, they brought Ved Ram, Mohan Singh, Charan Lal and Ram Singh, The witnesses were explained the purpose and all gave their search. The entire police force and the public witnesses were divided into two groups. The first party headed by S.I. Laxmi Chand, consisting of three constables and two public witnesses Mohan Singh and Ved Ram took position towards southeast of Dharamshala. The second party led by S.I. Babu Ram Yadav took position towards southwest of Dharamshala. All were given necessary instructions for the success of raid. After some time, the police force heard conversation of the miscreants. One of them was heard saying that they were getting late and were sufficient in number. He exhorted his associates to commit dacoity at the house of Gajraj Singh. S.I. Laxmi Chand was fully satisfied that a gang of dacoits had assembled there. He, therefore, challenged and asked them to surrender. On being challenged, six dacoits, who had assembled in the Dharamshala, came out and ran towards east. At about 11-15 P.M., three dacoits were apprehended by the police force at a distance of about fifteen steps from Dharamshala. Out of the dacoits, who succeeded in running away, Bhura was identified. The miscreants, who were apprehended, disclosed their names and arms and ammunitions which were recovered from their possession were as under:- Ashok Kumar- A country made pistol 12 bore and three live cartridges. Jutti- A country made pistol 12 bore and three live cartridges. Shri Chand- A country made pistol 12 bore and four live cartridges.

(3.) The arrested dacoits failed to produce any licence for having in their possession the country made pistols and cartridges. S.I. Laxmi Chand prepared three Fard recoveries on the spot and obtained signatures of all police personnel and public witnesses. The recovered arms and ammunitions were sealed on the spot.