ASHIQ ALI Vs. STATE OF U P

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgment and order dated 9.2.1982 passed by IV Additional Sessions Judge, Hamirpur in Sessions Trial No. 278 of 1980 whereby the appellants Ashiq Ali, Om Prakash and one Tutiyan were held guilty under Section 25 (1) (a) of the Arms Act and were sentenced to undergo six months R.I. The appellants were, however, acquitted for the offences under Sections 399,4021.P.C.

(2.) Incident took place on 14.2.1980 at 11:40 p.m. within the area of Village Baswari, P.S. Muskara, District Hamirpur. F.I.R. was lodged on 15.2.1980 at 2:45 a.m. by Hari Das Singh Niranjan, Station Officer, P.S. Muskara.

(3.) In brief, the prosecution story is - that on 14.2.1980 at about 9:15 p.m., Station Officer Hari Das Singh Niranjan received information that a gang of dacoits was to assemble in the field of Baddu Lodhi near Village Baswari at about 11:00 p.m. to commit dacoity in the house of Nand Ram Lodhi. The Station Officer took the necessary force with him and proceeded towards VHIage Baswari and reached Junior High School, Baswari at about 10:00 p.m. Two Constables Bhola Nath and Hari Ram were sent to the Village Baswari to call independent witnesses. Police force and witnesses were divided in three parties and took up position near the place of occurrence. At about 11:00 p.m., five persons came from eastern side and started talking and making plan for the commission of dacoity in the house of Nand Ram Lodhi. After having been satisfied that the miscreants have assembled and made preparations and planning to commit dacoity in the house of Nand Ram Lodhi, the police parties challenged them. Three persons namely Ashiq Ali, Tutiyan and Om Prakash were arrested on spot while two others managed to escape. On search, one country made gun and four live cartridges were recovered from the possession of Ashiq Ali, one country made pistol and three live cartridges each were recovered from the possession of Tutiyan and Om Prakash. The accused had no license to possess these illicit weapons and ammunitions. Recovery memo was prepared on spot, on the basis of which F.I.R. was lodged and crime Nos. 23, 24,25, & 26 of 1980 were registered under Sections 399,4021.P.C. and 25 Arms Act. Investigation was handed over to Lallu Singh, Station Officer, P.S. Kharela, who examined witnesses, prepared site plan, obtained sanctions for prosecution from the District Magistrate and submitted the charge-sheets against the accused.