STATE OF U P Vs. RAM SANEHI

JUDGEMENT

(1.) THIS appeal by the State of Uttar Pradesh is directed against an order of acquittal recorded by the learned Assistant Sessions Judge of Banda in a case under Sections 224, 379, 225, 148 and 332/149,. I. P. C.

(2.) THE facts of the case lie in a narrow compass.

(3.) ONE Alauddin (P. W. 2) lodgel a report at Police Station Bisanda, district Binda, that in his absence his houee bad been burgled and. his movables removed. On this report a case was registered and Sub. Inspector V. P. Rastogi (P. W. 1) took up the investigation. Having armed himself with a loaded revolver and accompanied by three constables he went to village Korari and reached there at 9-30 a. m. He arrested one Chanda and interrogated him. Chanda offered to give some items of the stolen property and handed over two ornaments which bore resemblance with the stolen property as mentioned in the report. Chanda stated to have kept some of the stolen article with Hira Lal alias Hirwa of the village and offered to point them out to the police. Accordingly the police party along with Chanda, went to the house of Hira Lal. Sri Rastogi told Hira Lal that he will take a search of his upper room. Hira Lal remonstrited and told him that he will not permit his house to be searched. Meanwhile a number of other villagers including the respondents arrived on the scene armed with lathis, Sri Rastogi insisted for searching the upper room in the Atari and began to climb the ladder leading to it. Hira Lal, however, pulled him down by his legs and respondent Radhey Shyam gave a danda blow on his head. Sri Rastogi then whipped out his revolver but before he could use it the respondents surrounded him and his companions, beat them with lathis and deprived Sri Rastogi of his revolver. Sri Rastogi then wrote out a report of this occurrence and sent the same to police station Bisanda through and Ohaukidar.