BHARSA Vs. STATE OF U P

JUDGEMENT

(1.) Having been convicted and sentenced to undergo rigorous imprisonment for 4 years under Section 412 I.P.C. by Sri B.K. Rathi, HI AddI. Sessions Judge, Muzaffarnagar-vide his judgment and order dated 18-12-1978 in S.T.No. A 240 of 1977 this appeal has been preferred by the appellant against it.

(2.) The prosecution story as stated is that a dacoity was committed at the house of Kailash Chandra in town Baghra, P.S. Titavi, Muzaffarnagar in the night between 9th and 10th April, 1976 at about 2 a.m. by about 25-30 dacoits. Besides looting the property and ransacking the house of the victim a double barrel gun No. 7406000 licensed in the name of Kailash Chandra and the bandoleer of the cartridges were also taken away by the dacoits. Kailash Chandra was shot dead at the time of the incident. A report of the incident was lodgd by Anil Kumar son of Kailash Chandra at the police station Titavi on the same day (10-4-76) at 4 a.m. The case was registered and the investigation was entrusted to Ratan Singh, Station Officer Titavi.

(3.) The prosecution story further reveals that later on Raja Ram Pal, Station Officer, Mawana, Meerut arrested one Dharam Pal on 18-1-1977 resulting in the recovery of illicit arms from his possession. Dharam Pal further informed Raja Ram Pal, Station Officet, Mawana that a gang of dacoits is assembling in the Kotha of Babu Pandit on Garh-Meerut Road near the Medical College by the side of the old brick-kiln of Prem Nath to commit dacoity at the house of Chaudhary Chhattar Pal Singh. Acting on this information Raja Ram Pal, SO. Mawana took police force from the police station, Civil Lines, Meerut as well as witnesses Ram Chandra and Munshi Singh from the tea-stall clear the Medical College, Meerut. The witnesses were disclosed the purpose. Three parties of police personnel and witnesses were formed by the Station Officer Raja Ram Pal. He made himself incharge of the first party while Sub-Inspector B.S. Char and Sub-Inspector Mahipal Singh were made incharge of the second and. third parties. It is alleged that at about 11 p.m. the dacoits started coming and started talking while sitting near the Kotha. On being challenged by Raja Ram Pal, Station Officer, Mawana shots were fired towards the police party by the dacoits which was replied. The police succeeded in capturing and arresting few docoits including Bharsa the appellant. On a search being taken of Bharsa double barrel gun and 24 live cartridges in the bandoleer besides two used cartridges were recovered from his possession. The two used cartridges were found in the gun. The weapon and the cartridges were sealed in a bundle and Bharsa alongwith other persons who arrested at the site were taken to the police station, Meerut. A report of the incident was lodged by Raja Ram Pal at about 2.15 a.m. at P .S. Civil Lines, Meerut.