CHATURI AND OTHERS Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal has been filed against impugned judgment and order dated 13.5.1982 passed in Sessions Trial No. 403/77 by the then VII Additional Sessions Judge, Aligarh convicting and sentencing the appellants under Sec. 399 Penal Code for 5 years and under Sec. 402 Penal Code for 3 years R.I. each and 25 Arms Act, 6 months each to Sultan, Geetam and Chaturi. All the sentences shall run concurrently.

(2.) Brief facts arising out of this appeal are that S.O. Satyadev Sharma along with S.I. Diwakar Misra, A.S.I. Banwarilal, Constable Amolchandra, constable Shailendra Singh, constable Shyam Lal, Constable Sobaran Singh, constable Charan Lal, constable Rammurti armed with respected weapons mentioned in the FIR had proceeded on 20.6.1977 from the police station Atrauli, District Aligarh in the patrolling duty through G.D. No. 37 dated 20.6.1977 with the cycles and reached on the road in front of Dharamshala situated in village Mahgavan.

(3.) In the light of Biri and conversion, upon which it was doubted that miscreants were present in Dharamshala and saw from Jhharokha of Dharamshala that seven miscreants were smoking Biri and they were talking with each other and at the same time one miscreant said that time has come to commit offence of dacoity. There is no need to wait as we have sufficient weapons and ammunitions. Nobody can dare to make interference with them. Therefore, we should go for committing offence of dacoity. After hearing the same, it was believed that they were dacoits and they assembled for committing offence of dacoity. S.O. Satyadev Sharma challenged dacoits by flashing torch light that you are in the surroundings of the police. If you will try to run away, you will be killed. Therefore, all the seven dacoits had come out from Dharamshala. Thereafter 4 miscreants were apprehended on the spot after six steps from Dharamshala at about 11.30 P.M. and 3 miscreants whose names were Rajaram, Dinesh and Prempal had succeeded to run away from the place of occurrence and four arrested miscreants disclosed their names as Chaturi, Geetam, Sultan and Happu after their arrest.