TIRSU Vs. STATE

JUDGEMENT

(1.) THESE appeals arise out of the judgment and order dated 8th September, 1973 passed by First Civil and Sessions Judge, Allahabad, convicting all the appellants of the offence under Section 396 IPC and further convicting Sheo Kumar appellant of the offence under Section 412 IPC. For the offence under Section 396 IPC, all the appellants have been sentenced to life imprisonment and for the offence under Section 412 IPC, Sheo Kumar appellant has been sentenced to four years' further RI.

(2.) THE prosecution case briefly stated was as follows: -

(3.) ON the night between 24th and 25th September, 1968, Mahendra Singh S. I. PW 42 effected arrest of Tirsu and Indra Pal appellants. Evidence has been led to show that they were made Bupardah immediately after their arrest and they were kept in that condition till they were admitted in jail. Lal Bahadur, Sheo Kumar, Mahadeo and Bhola appellants were arrested by B. S. Roy, S. I. PW 48 and D. B. Mehta PW 45 on 26th October, 1968 at 8.30. P.M. from the shop of Mahavir Halvvai. ON at search being taken, Lal Bahadur appellant was found in possession of a D.B.B.L. gun No. 07075 besides some live cartridges. Sheo Kumar appellant was found in possession of a D.B.B.L, gun no. 8288 besides some cartridges. This is the same gun which had been looted from the house of Kamla Prasad. Mahadeo appellant was found in possession of a country made pistol besides some cartridges. It is allged that at the time of his arrest, Mahadeo appellant threw away some bundle and from inside that bundle, the police recovered two guns Nos. HOKE 172/180, B.S. 123/185. Bhola appellant was found in possesion of a S.B.B.L. gun No. P. 927 which also carried No. P.H.I.M. 0470 at another place. He was also found in possession of some live cartridges. All the articles recovered from the possession of the aforesaid appellants were sealed at the spot and memoes were prepared in evidence thereof. Evidence has been led to show that Lal Bahadur, Sheo Kumar, Mahadeo and Bhola appellants were made Bupardah immediately after their arrest and remained so till they were admitted in Jail, and the property recovered , from them also remained in sealed condition.