RAM SEWAK AND Vs. STATE

JUDGEMENT

(1.) Ram Sewak, Bhanni Singh, Shankar Lal and Chhakki Lal were convicted by Sri S. K. Verma, the then Special Sessions Judge, Jhansi of the offences under Section 399/402, I.P.C. and sentenced to undergo five years rigorous imprisonment each and each one of them was further convicted of the offence under Section 25 Arms Act and sentenced to undergo rigorous imprisonment for a period of one year.

(2.) Being aggrieved by the same, Ram Sewak, accused preferred Criminal Appeal No. 1824 of1983, Shanker Lal, accused preferred Criminal Appeal No. 1856 of 1983 and Chhakki Lal accused preferred Criminal Appeal No. 2723 of 1984. Chhakki Lal, accused remained in Jail during the pendency of this Appeal and he has already been released after serving out his entire sentence, so his appeal was dismissed as infructuous by this Court's order dated 21-4-1999. Now there remains the appeals preferred by Ram Sewak and Shanker Lal, the accused appellants. Both the appeals have been heard together and are being disposed of by this common judgment.

(3.) The prosecution story was that on 11-7-1982 at about 8.15 P.M. Uma Kant Sachan, P.W. 4, S.O., Police Station Bara Goan, district Jhansi received information from a reliable informer that a gang of five to six dacoits would assemble at the CHABOOTRA constructed on the south of the Kothari situate in the front of Shankar Gadh 'forest' and would commit dacoity at the house of Bansi Pradhan in village Shanker Gadh, that he made an entry about this information in the general diary of the Police Station and then proceeded from the Police Station along with necessary force and picked up witnesses Sarnam Singh and Soni from village Digara and also took witness Parvat of village Koda Bhanwar, told them the purpose of calling them and then took them to Shanker Gadh forest and stopped at about half a furlong before the scene of occurrence at about 9.45 P.M., that the S.O. despatched two constables for the security of Bansi Pradhan, the intended victim of the proposed dacoity. That the S.O. then went to the scene of occurrence made spot inspection and came back where he had left the police party and the witnesses and then made two parties - Party No. 1 in his own leadership in which he kept Sarnam Singh, P.W. 2 and some of the police force and made another party (Party No. 2) in the leadership of Suresh Chandra Pandey, S. I., P.W. 1 in which he kept the remaining force and Parwat, P.W. 3, that then he issued necessary instructions to the force and the witnesses and mutual search was taken to ensure that there is no illicit item (sic) with anyone of them and then the entire raiding party reached the spot and Party No. 1 took position to the east of Eastern wall of the Kothari at the southern end and Party No. 2 took position to the west of the Kothari, near the southern end of the wall, that after that the parties took their respective position at about 10.45 P.M., that after waiting for about half an hour the dacoits started coming in ones and twos and sat on the CHABOOTRA, that the total number swelled up to five, that they have smoked Biris and started conversing with each other, that one of them said "BANSI KO ACHCHI TAREH JAANTA HOON. KAFI MAAL MILEGA", while another said DACAITY KA SAMAY HO GAYA HAI, CHALA JAAI", that on this all of them started to proceed, that the S. C. Uma Kant Sachan became satisfied and that it was a gang of dacoits assembled and preparing to commit dacoity at the house of Bansi Pradhan and so he challenged them saying that "they are under the seige of the police and commanded them to surrender the weapons saying that if they did not they will be done to death, that at this the dacoits tried to run but both the raiding parties surrounded them and arrested three of them along with their weapons on the spot while two of their companions managed to escape towards south, that the dacoits who had run away were seen in the light of torch and identified as Mata Deen and Chhakki Lodhi that the arrested accused disclosed their names as Bhanni Singh, Ram Sewak and Shanker Lal, that on search being taken a gun and six cartridges were recovered from Bhanni Singh co-accused, a TAMANCHA and three live cartridges were recovered from Ram Sewak accused applicant and a Tamancha and three live cartridges were recovered from Shanker Lal accused appellant, that half burnt pieces of Biris and match sticks were also found at the spot, that all these items were taken into custody and sealed at the spot and necessary memo was prepared and then the police party returned to the Police Station along with the arrested accused Bhanni Singh, Ram Sewak and Shanker Lal and the recovered properties and lodged them at Police Station. A chick report was prepared on the basis of recovery memo at 4.15 A.M. and the case was registered under Section 399/402, I.P.C. against the arrested accused persons and the remaining two Mata Deen and Chhakki Lal who had managed to escape; that separate cases under Section 25 of Arms Act were also registered against the arrested accused persons.