RAM SINGH & OTHERS Vs. STATE

JUDGEMENT

(1.) By way of instant criminal appeal, challenge has been made to the validity and sustainability of the judgment and order of conviction dated 12.01.1988 passed by the Special Judge (Dacoity Affected Area) Kanpur Dehat, in Special Trial No.224 of 1986 under Sections 399, 402 IPC, Session Trial No.225 of 1986 under Section 25 Arms Act, Session Trial No.226 of 1986 under Section 25 Arms Act and Session Trial No.7 of 1987, under Sections 399, 402 IPC, Police Station- Ghatampur, District- Kanpur Dehat whereby the appellants have been sentenced to three years rigorous imprisonment under Section 399 IPC and three years rigorous imprisonment under Section 402 IPC, whereas, appellants Ram Singh and Jai Narain have been sentenced to undergo one year rigorous imprisonment under Section 25 Arms Act. All the sentences have been ordered to run concurrently.

(2.) Heard learned counsel for the appellants, learned AGA for the State and perused the record.

(3.) Relevant facts giving rise to this appeal, as discernible from the records, appear to be that on the tip off information to the Police Station Ghatampur, District Kanpur Dehat, the informant S.I. Bhupendra Pal of Police Station Ghatampur proceeded towards village Naveri within vicinity of the Police Station Ghatampur, and also availed two public witnesses Badan Singh and Jagroop Singh and they formed two police parties and kept on waiting for miscreants to appear on the spot. As per the tip off information in village Naveri around 12:15 a.m. in the night intervening 28/29.10.1986, four miscreants namely Ram Singh, Jai Narain, Ram Bilas and Bind Pal were apprehended on the spot and on search being made, illegal countrymade gun and cartridges were recovered from possession of the two accused Ram Singh and Jai Narain. They were asked about authority to keep the weapons but they could not show any such authority and they were arrested and memo of arrest was prepared by the police on the spot and the recovered weapons were kept under seal by the police. The police personnel came back to the Police Station Ghatampur where a report was lodged by S.I. Bhupendra Pal Singh at Case Crime No.430 of 1986 under Sections 399, 402 IPC, at Case Crime Nos. 431 and 432 of 1986 under Section 25 Arms Act against the aforesaid two accused.