PARMOD CHAND AND ANOTHER Vs. STATE

JUDGEMENT

(1.) These are two connected Criminal appeals, the one by Parmod Chand and Bhola and the other by Ahmad, who have been convicted under Sec. 399, I. P. C. and each sentenced to three years' rigorous imprisonment together with a fine of Rs. 50.00 or in default to suffer further rigorous imprisonment for six months. Bhola has further been found guilty under Sec. 19 (f) of the Arms Act, but no separate sentence has been given to him under that section.

(2.) The case for the prosecution as supported by six witnesses examined on behalf of the prosecution was this. On the 4th of Nov., 1953, at about 3 p.m. Ahmad Appellant came to the workshop of Hafiz Ahmad P.W. 3 near Khusru Bagh in Allahabad and told him that certain persons were designing to commit a dacoity on the Rewa road at a distance of five or six miles from Allahabad. Ahmad asked him to lend him his motorcar for use with a view to take the persons at night to that place, and offered to pay him a sum of Rs. 50.00 for his services and further offered to give him a share in the booty. He took Hafiz Ahmad inside Khusru Bagh where he found seven or eight persons seated together armed with a gun and certain revolvers and there the conspiracy was hatched up. Hafiz Ahmad left them at Khusru Bagh, promising to bring his car at the appointed hour. He resumed his work in the workshop and later on thought that he might get himself involved in trouble and might lose his car. At about 5-30 p.m. he went to Circle Inspector Sri S.N. Tandon P.W. 2 who lived near his house, and conveyed to him the information that he had with him. The circle Inspector conveyed the information to higher authorities and arranged for the raid. He also informed the Station Officer of police station Chheoki, which lay on the way, to meet him with certain police force. The combined party proceeded on a truck or lorry, reaching a tank popularly known as Mama Bhaine tank on the Rewa Road at about 8-30 p.m. which was the appointed place where Hafiz Ahmad driver P.W.3 was asked to meet them. The police party had with them, apart from Ram Nath driver P.W.4, three other persons from out of the public, namely, Girja Shankar, Durga Prasad and another Ram Nath, two of whom had been picked up from Chheoki by Station Officer Nand Lal Singh P.W.6. The party waited near the tank till about 9.30 p.m. when a car driven by Hafiz Ahmad P.W.3 arrived and stopped on the road. The night in question was a dark night. Circle Inspector S.N. Tandon at first proceeded alone towards the car and when he satisfied himself that there was only the driver of the car inside the car, he proceeded further and contacted Hafiz Ahmad. Hafiz Ahmad told- him that he had dropped the dacoits at a distance of about 150 paces from therein a jowar field where the dacoits had taken hiding. Circle Inspector S.N. Tandon then arranged a two-pronged attack on the dacoits. The police party was divided into two, one party proceeding towards the field from the east, and the other party proceeding from the west. The dacoits noticing the police party and fearing an imminent attack on them, came out of the field and ran towards the west. The police party fired a shot from a very light pistol producing a flood of light. A chase was given and the three appellants were apprehended. Four of five others escaped. In that raiding party there were, besides others, Laxmi Narain Sharma P.W.1, Sub-Inspector of the Allahabad Kotwali, Nand Lal Singh S.O. Chheoki. Gajadhar Singh II. Order Chheoki, besides Circle Inspector S.N. Tandon, Hafiz Ahmad the informer, Ram Nath P.W.4 the driver and certain other members of the police party together with three other public men, namely, Girja Shankar, Durga Prasad and Ram Nath.

(3.) Upon a search of the person of the accused four twelve-bore, live cartridges, a matchbox, a torch and a knife were recovered from the possession of Bhola, and two crackers or fire-works were recovered from the possession of Ahmad. Nothing incriminating was found on the person of Parmod Chand. Recovery list was prepared at the spot. On inspection of the jowar field, two cycles were found there which were also taken possession of by the police. After necessary investigation the case was committed to the Court of Sessions and it ended in conviction in the manner stated above. The accused persons denied the charges that were levelled against them. Parmod Chand accused contended that he is employed in the I.A.F. at Manauri; that he had gone to see some friend in C.O.D. Chheoki; that when he was returning from Chheoki, he was arrested at Gowghat without rhyme or reason and he was taken to the Kotwali where the reason of his arrest was not disclosed to him even by Circle Inspector S.N. Tandon who was there. Ahmad accused contended that he had been in the service of Hafiz Ahmad P.W.3 as a motor driver; that Hafiz Ahmad owed him a sum of Rs. 300.00 towards salary; that he made demand for that money from him, but Hafiz Ahmad put off the matter for quite a long time; that when he went to him a quarrel took place between the two in which there was an exchange of abuses and that later on (meaning thereby the night in question) Hafiz Ahmad asked him to go by taxi and he took him on a motor car and got him arrested by the police on the way. Bhola accused contended that he was going to Naini at about 9 or 10 in the day and was passing through Gowghat with certain quantity of rice; that he was arrested there, taken to the Kotwali and was made to stay there for the whole day where he was beaten and where a sum of Rs. 60.00 together with the bag of rice had been taken away from him and he was finally sent to Naini Jail at night.