AHMAD ALI Vs. STATE

JUDGEMENT

(1.) THIS petition in revision has been filed by four persons Ahmad Ali Arsh Mohammad (son of Maqtool), Aas Mohammad (son of Bhurey) and Habib. These petitioners along with others were convicted and sentenced for offences under Sections 899 and 402, Indian Penal Code, by Sri S. S. Agrawal, Assistant Sessions Judge, Meerut on 5th December 1964. Some of the present petitioners along with others were also convicted for offence under Section 25, Arms Act.

(2.) THERE was an appeal from that order of conviction before the learned Session Judge, Meerut which was dismissed on 24th March 1965. Jail appeals in that connection were also dismissed.

(3.) SARDAR Noor Khan (P. W. 1) Station Officer, police station Ghaziabad received information at about 8 P. M. on the 5th March 1964 through an informer that the gang of dacoit Aas Mohammad of Bulandshahr were preparing to commit dacoity at the house of one Niaz Ali Patwari of village Mirzapur in the district of Bulandshahr. He also came to know that the gang for that purpose was to assemble in the guava grove of one Chidda Pandit. Sardar Noor Khan with other police constables left for village Mirzapur. The party of Sardar Noor Khan included Sub inspector Azhar Abbas Zaidi, Sub. Inspector Seeshpal Singh and Sub-Inspector Vishnu Datt Sharma, Head Constable Hiredy Ram and other ten constables. Necessary entries in the general diary were made before departure and the general diary is Ex. Ka. 1 on the record. When the police party Hashed the destination at about 9 P. M. , Niaz Ali was informed about the projected dacoity at his house. A large number of persons including licence-holders from the village were collected. Amongst such persons were Inder Nath, Shafiq Ahmad, Fajju, Turab Ali Rashid Ahmad, Munshi. Hashim Ali, Fateh Mohammad, Hakim Ali and Shafi Mohammad. Out of that party, Head Constable Hirdey Ram along with two constables and licence-holders Hakim Ali and Shafi Mohammad were left at the house of Patwari Niaz Ali and the rest of the party left for the said guava grove of Chhidda Pandit. The police party divided itself into three groups one of which was under the charge and the leadership of Sardar Noor Khan. When the police party had waited for sometime, two persons entered the grove from the north eastern corner and thereafter one by one six more persons reached there. They started talking in whisper which was heard by Sardar Noor Kuan who was nearest to the spot and Sardar Noor Khan heard that they were talking about the dacoity to be committed at the house of Niaz Ali of Mirzapur and that they were waiting for the arrival of the gun-man. Sardar Noor Khan thereafter fired a shot from his very-light pistol which caused a brilliant light. The police party converged on the miscreants and surrounded them. Seven of the persons sitting there were apprehended while one made his escape good. A search of the person of the seven persons apprehended was made and a country-made pistol (Err. 7) and five live cartridges (Ex. 2 to 5) were recovered from the parson of Ahmad Ali, Ex. 16 another country-made pistol and six live cartridges (Ex. 17 to 22) were recovered from the person of Aas Mohammad. A knife (Ex. 8) was also recovered from the possession of Arsh Mohammad. A lathe Ex. 12 was recovered from the possession of Habib. Other articles were recovered from the person of other persons with whom I am not concerned in this revision petition. The arrested persons along with recovered articles were taken to the police station Ghaziabad. Entry was made in the general diary (Ex. Ka. 10) and a First Information Report (Ex. 9) was lodged. Sub-Inspector S. P. Gavel made investigation and the petitioners were charge-sheeted. After the preliminary enquiry, the petitioners along with others were committed to the Court of Sessions to stand their trial for offences punishable under Sections 899 and 402, Penal Code and two of them Ahmed Ali and Aas Mohammad were also charged under Section 25, Arms Act. The petitioners along with other accused persons pleaded not guilty.