ALI JAN IMAN ALI Vs. STATE

JUDGEMENT

(1.) ALI Jan and Mahadeo, residents of village Birampur, Police Station Mitauli in the district of Kheri who were tried along with eight other persons have both been convicted for offences under Sections 399 and 402 of the Indian Penal Code and S. 25 (1) (a) of the Arms Act, the other co-accused being acquitted. For the offence under Section 399 they have each been sentenced to seven years' rigorous imprisonment for the offence under Section 402 to five years' rigorous imprisonment and for the offence under Section 25 (1) (a) of the Arms Act to 2 years' rigorous imprisonment, the sentences being ordered to run concurrently.

(2.) THE prosecution case is that on the 13th of April, 1964 at about 6. 45 P. M. Sub- Inspector V. D. Yadav (P. W. 15), Station Officer in charge Police Station Mitauli, received information from an informant that a dacoity was going to be committed at the house of one Paragi Gadaria in village Bojhia and that a gang of dacoits would collect for the purpose in the grove of one Chela Raidas in village Ghuraipurwa. Sub-Inspector Yadav made an entry as to it in the general diary. Soon after he deputed two Constables Shambhu Dayal and Nizamuddin to go to village Bojhia as a precautionary measure to guard the house of Paragi Gadaria and the village in general with muskets and twenty rounds each Both these facts have been mentioned in the general diary an extract from which has been filed in the case. At 7. 15 P. M. Sub-Inspector Yadav picked up a party consisting of Sub-Inspector K. B Upreti, Second Officer, Clerk Constable Pratap Narain and six other Constables equipping them with sufficient arms and ammunition and took them along with him towards village Madaijurwa where they arrived at about 8 P. M. There six persons were taken from the public. The party thus swelled to 15. They proceeded to Ghuraipurwa arriving there at about 9 P. M. In that village twelve more witnesses were collected from the public out of whom Chaudhari Lal Raidas was holder of a gun licence while the others had in this with them. Eleven of them had torches. Each and every one of the police party had a torch with him. At the house of Babu Raidas in Ghuraipurwa the party of 27 was split up into three, of nine persons each. Party No. 1 was under the charge of Sub-Inspector Yadav himself, party No. 2 was put under the charge of Clerk Constable Pratap Narain and party No. 3 was under the charge of Sub-Inspector Upreti. He gave them instructions to quietly wait on the spot and to make a charge on his flashing his torch. They proceeded to the grove of Cheta Haidas and after inspecting the locality Sub-Inspector Yadav stationed his party towards the west, party No. 2 towards the south and party No 3 towards the east in khains behind the cover of Patawar He found a heap of straw collected to the north-west of the grove He instructed Ram Naresh Constable to set fire to it on his flashing his torch The parties took their positions at about half past 10 in the night and waited for the arrival of the dacoits from the north. The dacoits start ed coming in after they had waited for about an hour and a half. About 12 or 13 of them collected in the grove and started talking amongst themselves. They were talking, according to the prosecution case, with regard to their scheme or plan of committing dacoily at the house of Paragi Gadaria. It seemed as if they were waiting for the arrival of a few of their companions when some of them ex-pressed an apprehension that it was getting late, that they were already equipped with six arms and that they had to return to their respective places in the dark hour of the night. It was, therefore, decided to make a move on the expectation that their companions might join them on the way. These talks confirmed the belief of Sub Inspector Yadav that it was the gang of the dacoits regarding which the informer had given him information the previous evening When Sub-Inspector Yadav found that they were about to move he gave a signal by flashing his torch. Constable Ram Naresh set fire to the heap of straw and the members of all the three parties almost simultaneously charged the dacoits flashing their torches at them. The dacoits got dazzled. One of them even fired a shot at party No. 1 which returned the fire. The dacoits then took to their heels but they were chased and two of them, viz the appellants were apprehended in the field of one Cheta Raidas. Sub-Inspector Upreti and Constable Gajraj arrested Ali Jan while Mahadeo was arrested by constables Ram Naresh. Sri Krishna and Pratap Narain. As a result of the search of Ali Jan were recovered a countrymade S. B. B. L. gun with a live cartridge in its barrel and a bag containing six live cartridges besides a two cell torch in working order. From the possession of Mahadeo were recovered another S. B. B. L. gun with a live cartridge in its barrel, a bag containing five cartridges, a three cell torch in working order, a bundle of bid is and a match box These things were duly packed and sealed. A sample of ashes of straw was also recovered and sealed. They were then brought to the Police Station where a first information report was lodged at 4. 30 A. M. A case was then registered as a result of this report. The investigation was taken over by Sub-Inspector Yadav himself. The other co-accused of the appellants were arrested from time to time and ultimately all ten of them including the two appellants were put up for trial.

(3.) WE are not concerned with the other eight co-accused of the appellants and we need not deal with their cases.