STATE OF U P Vs. NEEL KANTH

JUDGEMENT

(1.) THIS is an appeal by the State of Uttar Pradesh against the judgment of the learned Assistant Sessions Judge, Hardoi, acquitting the respondents, Neel Kanth and Drigpal of the charges under Sections 399 and 402 Indian Penal Code.

(2.) BRIEFLY stated the prosecution story was as follows: Rajendra Prasad Singh. Station Officer of Police Station Atrauli, was going in connection with the investigation of a murder case and when he reached near village Godenra he received information that the gang of Munnu Lal would assemble at Behta Bridge in the night for committing dacoity at the house of Rameshwar Dayal of village Mahmoodpur. Rajendra Prasad Singh went to Police Station Sandila and communicated this information to Raghubir Singh, Station Officer of that place. An entry of this information was made in the general diary. The station officer of Sandila sent two constables to village Mahmoodpur for keeping guard at the house of Rameshwar Dayal and he himself along with Rajendra Prasad Singh and other police personnel proceeded towards Behta Bridge. The police party collected some non-official witnesses also and went to a grove near Behta Bridge. Necessary instructions were given to all the officials and non-official members of the party and four groups were formed, one of which was under the leadership of Rajendra Prasad Singh At about midnight, being the night between the 12th and the 13th of October. 1963, the dacoits began coming. They sat on the Behta Bridge and began to talk among themselves. They were armed with fire-arms and lathis etc. and were 15 or 16 in number. From their talk it became evident that the gang which had assembled, was of dacoits and they had made preparations for committing dacoity at the house of Rameshwar Dayal. Rajendra Pd. Singh fired his very light pistol and according to the instructions previously given all the four groups rushed towards the dacoits. A shot was fired by the dacoits but it did not hit anyone in the police party. In retaliation Raghubir Singh fired his gun. The leader of the gang Munnu Lal was hit and died at the spot. The present respondents. Neel Kanth and Drigpal were arrested at the spot, while Maiku ran away but he was identified by the raiding party On search of the persons of Drigpal and Neel Kanth, a country-made pistol and five live cartridges were recovered from the possession of Neel Kanth This man did not hold any licence for the country-made pistol A kanta and a torch were recovered from the possession of Drigpal Rccovery memos of the articles recovered were prepared at the spot and the two arrested persons were taken to the police station Sandila along with the recovered articles. A first information report of the occurrence was lodged by Rajendra Prasad Singh at police station Sandila.

(3.) THE accused persons denied having assembled at the Behta Bridge as alleged by the prosecution and they further alleged that they were not arrested from that place. They attributed their false implication to enmity. According to Neel Kanth he was implicated at the instance of Qamruddin of village Ajagawah because he was on inimical terms with him. Drigpal stated that he was implicated on account of enmity with the police. According to Neel Kanth he was arrested from his own house and according to Drigpal he was arrested from his shop at Sandila.