NARPAT Vs. STATE,

JUDGEMENT

(1.) THIS appeal by Gokul and three others arises out of a case of an attempted dacoity. The four appellants have been convicted by the learned Additional Sessions Judge, Shahjahanpur under Sections 399 and 402 I. P. C. Each of them has been sentenced to rigorous imprisonment for seven years under Section 399 I. P. C., and to rigorous imprisonment for five years under Section 402 I. P. C. The two sentences have been ordered to run concurrently.

(2.) ACCORDING to prosecution, some 20 or 25 dacoits went one night to village Deotra in order to loot the house of one Munna Lal. Nathu and other villagers noticed the dacoits going towards Munna Lal's house. One Mungoo Khan fired his gun in order to scare away the dacoits. The villagers surrounded the dacoits. There was an encounter between the villagers and the dacoits. One dacoit fell down as a result of a shot from the gun of Mungoo Khan. Other dacoits escaped. The dacoit, who fell down in the village, was Chhotey Singh. He disclosed the names of his companions. Chhotey Singh died as a result of his gunshot wounds. He had a pistol. Nathoo lodged at the police station a report next morning about the incident during the previous night.

(3.) THE police arrested a number of persons on suspicion. They were put up for identification in jail. Nine persons were committed to sessions under Sections 399 and 402 I. P. C.