STATE Vs. OM PRAKASH AND ORS.

JUDGEMENT

(1.) THESE are connected appeals arising out of the same case and must, therefore, be disposed of by a common judgment.

(2.) NINE persons, Om Prakash, Attar Singh, Mahabir Singh, Dhara Singh, Mam Chand, Karimuddin, Sirya, Ham Chand and ala were tried by the Temporary Sessions Judge of Muzaffarnagar for the offences punishable under Sections 402 and 399 IPC. Out of them Om Prakash, Attar Singh, Mam Chand, Mahabir Singh, Karimuddin and Jhara Singh also stood charged Under Section 19(f) of the Indian Arms Act. The learned Sessions Judge acquitted all the nine persons of the offences under Sections 399 and 402 IPC. He, however, found Om Prakash, Attar Singh, Mahabir Singh, Dhara Singh, Karimuddin and Mam Chand guilty Under Section 19(f) of the India Arms Act and sentenced each of them for that offence to under rigorous Imprisonment for one year.

(3.) THE prosecution case in brief was that on 10 -2 -57 an informer gave information to Clause Om Prakash Saxena of Muzaffarnagar that eight or ten dacoits were expected assemble at about noon in the Dharamshala in front of the Railway. Station Shamli, that they will be carrying foreign as well as country made arms and ammunition and that their object was to go to Baraut and then to commit dacoity at the house of Shanker Brahman of village Gurana, P.S. Baraut, Distt. Muzaffarnagar. On receiving this information Sri Saxena immediately contacted the Station Officers of P.S. Shamli and Baraut on the phone. He told the former that he was proceeding to Shamli and the latter that as a dacoity was likely to be committed at the house of Shanker Brahman of Gurana of his Circle he should, be on the alert. Sri Saxena then took with himself Sri Jogendra Singh, Sub -inspector and an armed guard and proceeded by police bus to Shamli lie reached Shamir Police Station and was arranging for a raid when Ramdiya the manager of the Dharamshala situated near the railway station of Shamli Arrived and informed him the at first five person had arrived at his Dharamshala and even a room and then four or have other persons laid come and that he suspected that all those persons were bad characters and were armed. His report was -recorded and he was directed to go back to the Dharamshala and wait far the police party. From the police station Shamli Sri Saxena took with him self Sri Har Kishore Bhatnagar and Balbir Singh Sub -inspector and a number of constables. Sri Saxena and Jogendra Singh were in plain clothes at the time and had some luggage with them. The intention was to go to the Dharamshala posing to be ordinary passengers. The party first reached Subhash Chowk and from there took Chanchal Singh and Dalshan Singh two respectable members of the public with themselves. Their persons were searched and they searched the persons of the police party. Two Rickshaws were engaged. Sri Saxena and Chanchal Singh sat on one, Jogendra Singh and Darshan Singh sat on the other.