SHIVE SHARNAGAT Vs. STATE

JUDGEMENT

(1.) THIS is an appeal against the conviction of the five appellants named above, under Section 402, Penal Code, sentencing them each to 3 years' R. I. and to a fine of Rs. 50, and to a further term of 2 months' imprisonment in default of fine.

(2.) THE prosecution story is that on the night intervening between 30th and 31st July 1951, the last four accused assembled in the house of accused 1 at Khokaria and made preparations for committing dacoity at Taraoli. They had in their possession guns and ammunitions for which they had no licence. Sobharam, Patel of the village, saw lamp light in the deserted house of the accused 1's brother, which is adjacent to his house. He, in the company of Sheikh Mohd. , (P. W. 6) went to that house and found that all the accused were whispering. They peeped in from the house of Bakshi which is adjacent to the house in question. Soon after the accused 1 went out and returned to the room with a loaded gun and handed it over to the accused 2 to 5. After seeing this, the party returned and informed Sardar Khan, P. W. 4, about what they had seen. Some villagers were collected in his house to discuss the course to be followed. All of them decided to surround the house and to arrest the accused. But this course was abandoned on reaching the spot, as they apprehended that they will be assaulted. It was then decided to give the information to Ram Rani, widow of the brother of accused 1, about the occupation of her house by the accused at that odd hour. Kala Chamar, P. W. 9, and two other persons were sent to Kachnaria to give the information to her. She gent her servant Himmat Singh, P. W. 3, with the men who had come to call her. All these persons entered the house where the accused were found. Himmat Singh flashed his torch and found that a gun was lying below a cot on which one of the accused was sleeping. He picked it up and handed it over to Shankar. On another cot he saw one of the accused with a double barrelled gun placed by his side. He picked it up but the occupant of that cot awoke and there was a scuffle for the gun. In the meanwhile, Natha gave a lathi blow to the accused and this facilitated the snatching of the gun from him by Himmat Singh. Thereupon the villagers closed the door of the room leaving the accused therein and locked it from outside. A watch was also kept over the room during the night.

(3.) SHANKAR, P. W. 10, was sent to Berasia Station House to lodge a report about the incident. He made the report, Ex. P. 6, on 31. 7. 51, at about 9 A. M. Sayed Noorul Hasan, S. H. O. , (P. W. 11), and his assistant Faruq Husain, accompanied by a few constables came to the village at about 10 A. M. The room in which the accused were locked was opened and the accused 2 to 5 were arrested by the Police. Accused 1 who was in his house was also arrested. The two guns, Articles A and C, which were found in the room wore seized from the possession of Himmat Singh, P. W. 3, under Ex. P. 2. Some sundry articles which were found in the room were also seized under Ex. P. 3. From the house of the accused 1 a number of articles were seized.