KHUSALI Vs. STATE OF U P

JUDGEMENT

(1.) CRIMINAL Appeal No. 208 of 1936 from jail by Khushali and Criminal Appeal No. 800 of 1966 by Narain and others who are represented by a counsel arise out of the game judgment of the learned Civil and Sessions Judge, Hardoi, and they are being disposed of together. Each of the live appellants has been convicted under Sections 899 and 402 I. P. C. and sentenced to seven years' rigorous imprisonment and five years' rigorous imrisonment respectively under those counts. Appellants Narain Rim Lal, Maiku and Khushali have further been convicted under Section 25a (sic) of the Arms Act and sentenced to two years' rigorous imprisonment each. While the sentences under Sections 899 and 402 I. P. C. have been directed to run concurrently the sentence under Section 25a (sic) Arms Act, has been made consecutive.

(2.) THE prosecution case in brief is as follows:

(3.) ON 29th April, 1965, Sub-Inspector Zainul Abdin of police station Mallawan, district Hardoi, was informed that a gang of miscreants led by Khushali was assembling at the canal bridge in Tillage Goswa during the night of 29th or 80th April for the purpose of committing dacoity at the house of Dilla Chamar in that village. Accordingly he collected a force and having armed themselves went to the destination and waited for the miscreants during the night of 29th but none of them turned up. On 30th April, 1965, also Zainul Abdin went with his armed force to the canal bridge at Goswa and having divided it in three groups lay in ambush for the arrival of the miscreants. At about 10. 80 p. m. the miscreants including these appellants assembled near the canal bridge and began to discuss among themselves the plan for committing dacoity at the intended house. The police party which was lying concealed nearby was, therefore, satisfied that they bad assembled for committing dacoity and when they were preparing to move Sub-Inspector Zainul Abdin flashed his torch towards them and exhorted his men to charge the dacoits. All the three groups ran towards the dacoits and shots from very light pistols were fired by the members of the raiding party which illuminated the whole scene. There was also an exchange of fire between the miscreants and the raiding party but none appears to have received any gun shot injury. As a result of the raid these five appellants were beaten and captured at. the spot but six others escaped. On a search being taken a pistol and two cartridges were recovered from the person of Maiku, four live cartridges from Bam Lal, a Banka from Baboo a gun and a used cartridge from Khushali and one pistol with a live cartridge in its barrel from Narain. These articles were taken in possession and the recovery memos were prepared at the spot in the presence of the witnesses. The captured miscreants and the recovered articles were then taken to the police station and a report of the occurrence was dictated by Sub-Inspector Zainul Abdin which was recorded in the general diary and a case was registered against the appellants.