NAUSHAD Vs. STATE OF U P

JUDGEMENT

(1.) Appellants Naushad, Islam and Nasim have preferred this appeal against the judgment and order dated 21/3/1979 passed by the Additional Sessions Judge, Kanpur whereby the aforesaid three appellants have been convicted and sentenced to undergo three years R.I. under Section 399 I.P.C., two years R.I. each under 8ectioa 402 I.P.C., one years R.I. each under Section 25 of the Arms Act and six months R.I. each under Section 27 of the Arms Act. All the aforesaid sentences have been ordered to run concurrently. Three other accused, namely, Ram Singh, Shri Ram and Puttan have been acquitted by the learned Sessions Judge.

(2.) The brief facts of the prosecution case are as under: In the night of 23/8/1976 at about 3.40 A.M. Ahmad Husain Zaidi (P.W. I) S.O.P.S. Swarup Nagar received an information from the informer that the gang of Ram Singh dacoit armed with deadly weapons would assemble in the said night at about 12 0 clock on the Satupla bridge in Nauraiya Khera of police circle and from there they would proceed to commit dacoity in the house of Inderpal Singh situated in village Nauraiya Khera. The above information was lodged in the General Diary. Thereafter Ahmad Husain Zaidi (P.W. 1) collected police force consisting of S.I. Subedar Singh (P. W. 2) S.I. 8.S. Tyagi, S.I. Attar Singh, A.S.I. Ram Bali Singh, Ram Samuj, Radhey Shyam and certain constables and Head Constable and proceeded towards Satupla Bridge then the police reached at Nauriya Khera pulia. Constables Ram Murari Singh and Sudhkar were to present batch the witnesses and A.S.I. Ram Ball Singh was sent to the house of Inderpal Singh for his protection. At about 10.30 the above constable came there along with public witnesses Badloo (P.W. 3), Sheo Baran Singh (P.W. 6), Ram Chander Dubey (P.W.7), Vijay Bahadur and Gouri Shanker. The police party and the public witnesses were told the purpose for which they had assembled there. After taking the personal search of the police officers and public witnesses Sri Zaidi (P.W. 1) formed three parties. Party No.1 was heded by Sri Zaidi (P. W. 1) party No.2 by S.I., S.S. Tyagi and party No.3 by S.I. Subedar Singh (P.W. 2) Party No.1 took position towards east of the hut of Babulal. Party No.2 towards south east and party no. 3 towards south. At about 12 in the night four dacoits came from north and entered into the said hut and started smoking bins. After 10-15 minutes two other dacoits came there and on signal by mouth by the dacoits sitting in the hut they also entered into the said hut and joined their associates. The dacoits started talking to each other that the informer had yet not reached and other dacoit told that he knew the house of Indrapal Singh and he was a rich person and they would get sufficient cash and other properties and it was useless to wait for the informant. On the above assurance all the dacoits stood up to proceed. The members of the aforesaid police party and the witnesses heard the above talks of the dacoits and they were convinced that it was the gang of dacoits regarding which Sri Zaidi had received the information. As the dacoits stood up to proceed, Sri Zaidi flashed his torch upon them, challenged them and all the three parties simultaneously raised the dacoits. Three of the dacoits, namely, Naushad, Naseem and Islam were apprehended on the spot and the remaining three dacoits ran away. Their names were disclosed to the police as Ram Singh, Shri Ram and Puttan. They were also seen by the police party in the light of the torches. The personal search of the apprehended dacoits was taken in the presence of the witnesses and accused Naushad was found in possession of one country made gun Ext. 1 and 7 live cartridges Exts. 2 to 8. Accused Nasim was found in possession of one country made pistol Exts. 9 and 4 live cartridges Exts. 10 to 13 and one torch Ext. 14, while accused Islam was found in possession of one country-made pistol Ext. 15 and 5 live cartridges Ext. 16 to 20 and one torch Ext. 21. Except the torches the recovered arms and ammunition were sealed on the spot and S.I. Tyagi prepared separate recovery memos Exts. Ka-1 to Ka-3 which were duly attested by the heads of the police party and the witnesses. The burnt pieces of bins and match-stick Ext-22 were separately sealed and separate recovery memo Ext-Ka-4 was prepared.

(3.) Sri Zaidi (P.W. 1) directed S.I. Subedar Singh (P.W. 2) to apprehend the aforesaid three dacoits who had run away. Their names were ascertained on the spot from the apprehended dacoits. Thereafter Sri Zaidi along with the police party apprehended dacoits and came to S.P. Swamp Nagar at 3-40 A.M. and the F.I.R. Ext-Ka-5 was prepared by the Head Constable on the dictation of Sri Zaidi (P.W. 1) which was signed by him and lodged at the Police Station Govind Nagar, District Kanpur on 3.8.1976. The accused Ram Singh was apprehended by S.I. Subedar Singh (P.W. 2) from his hut near N. Block, Govind Nagar and accused Putt an and Sri Ram from their respective kothries in Yadav Bhawan, Swamp Nagar between 4 to 4.30 A.M. on the said night. The above accused were made baparda on the spot and were brought to the police station baparda at 5-15 A.M., they were put behind the bar and an endorsement of the same was made in the General Diary.