GHASITA NOW DEAD Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is an appeal against the judgment and order dated 3-12-1980 passed by Sri S.N. Prasad, the then III Additional Sessions Judge, Muzaffarnagar in Sessions Trial No. 142 of 1979 connected with Sessions Trial Nos. 143 and 144 of 1979 whereby he convicted the accused-appellants Ghasita and Karam Singh for the offence under Section 399, IPC and sentenced each of them to undergo rigorous imprisonment for a period of four and half years; convicted each of them for the offence under Section 402, IPC and sentenced each of them to undergo rigorous imprisonment for three years and further convicted each of them under Section 25 of the Arms Act and sentenced each of them to undergo rigorous imprisonment for a period of one and half years. The sentences had been made to run concurrently.

(2.) During the pendency of this appeal, appellant Ghasita had died. Consequently the appeal abates to his extent and this appeal is now left to be decided relating to accused-appellant Karam Singh alone.

(3.) The prosecution story briefly stated is that on 1/02/1979 at about 9.15 P.M., Sri S. K. Sharma, the then Station Officer at P. S. Jansath, district Muzaffar Nagar received information by an informer that a gang of dacoits will assemble at the Kotha of the tube-well of Bugala, situate in the jungle of village Dakheri within the circle of P.S. Jansath for the purpose of committing dacoity at the house of Mujara situate in village Dakhari; that on receiving the above information, he took police force with him along with necessary arms and ammunitions and went to village Dakheri along with the informer and sent two constables to the house of Mujara for guarding the same and collected witnesses, namely, Farooq, Bashir, Khurshed and Babu Ram from the village and after going for a short distance from the village, the police personnel and the witnesses took mutual search to ascertain that there is no illicit arms or ammunitions with any one of them and then two parties were formed. The party No. 1 was formed under the leadership of Sri S.K. Sharma, the Station Officer himself and the party No. 2 was made under the leadership of Sri Om Dutt Tyagi, S.I.; that some constables and some witnesses were kept in each party and that he gave necessary instructions to the members of both the parties and then reached the spot at midnight and posted his own party towards the west of the Kotha of the tube-well of Bugala and the second party towards east of the eastern wall of the Kotha and waited for the arrival of the dacoits. After a little time, four dacoits came from southern side and entered into the Kotha and started smoking Bidi with each other; that after a short time, they were joined by four more dacoits coming from the southern side and again they started conversing with each other. Having heard the conversation of the dacoits, the Station Officer got satisfied that it was a gang of dacoits making preparation for committing dacoity at the house of Mujara and consequently challenged the dacoits to surrender whereupon they started running towards south; that both the raiding parties surrounded the dacoits and while six dacoits escaped the parties caught hold of two dacoits who on being asked had given their names as Ghasita and Karam Singh. On their personal search being taken, one D.B.B.L. gun and 5 live cartridges were recovered from the possession of Ghasita accused-appellant (now dead) while one country made pistol and two live cartridges were recovered from the possession of Karam Singh accused-appellant for which none of them had any licence. Necessary recovery memos were prepared and the recovered properties were sealed. The prosecution story further is that the police party returned to the police station along with the arrested accused-appellants and lodged them at the police station where the Station Officer dictated the F.I.R. to the clerk constable at 5.50 A.M. on 2-2-1979 on which basis a case under Sections 399/402, I.P.C. was reported and separate cases under Section 25 of the Arms Act were also registered against each of them and the usual investigation followed which resulted into the submission of charge-sheets and the accused-persons were tried together for the saidoffences.