AJAB SINGH Vs. STATE

JUDGEMENT

(1.) ACCUSED Ajab Singh (since dead) Pratap Singh, Kalua and Ratia who were convicted by Sri N. B. Asthana the then IV Additional Sessions Judge, Bulandshahr vide his judgment and order dated 27-11-1979 under Sections 399 and 402, IPC and were sentenced to undergo R. I. for a period of four year under the first count and three years under the second count. ACCUSED Ajab Singh, Pratap Singh and Ratia were also convicted under Section 25 (1), Arms Act and were sentenced to undergo R. I. for a period of one year each by the aforesaid judgment have come up in appeal before this Court.

(2.) THE prosecution claimed that on 10-11-1978 at about 11. 30 p. m. near the crusher of Ganga Prasad in the jungle of Village Sathla, P. S. B. B. Nagar district Bulandshahr, the accused appellants were found making preparation for committing dacoity. On the basis of the informa tion of an informant the police of P. S. B. B. Nagar conducted raid and had arrested the accused appellants the same night. A country made gun and five live cartridges, a country made pistol and two cartridges were recovered from the possession of Ajab Singh, Pratap Singh and Ratia restrictively. A lathi was recovered from the possession of the accused Kalua. After needful trial into the matter the learned trial Judge believed the contention the prosecution. He accordingly convicted the accused ap pellants as aforesaid. Hence the appeal.

(3.) SINCE the intrusive evidence of the persons of the vicinity and the evidence of the recovery of source of light like torch is wanted, I am of the opinion that the learned trial Court grossly erred in convicting and sentencing the accused appellants. In the result, I find that the appeal deserve to be allowed and the accused appellants acquitted. It is directed that the accused persons shall be set at liberty forthwith if under detention and if on bail their bail bonds shall stand cancelled. Appeal allowed. .