SINGHA Vs. THE STATE

JUDGEMENT

(1.) SINGHA son of Kalu, Bhondu, son of Sarwan Bhalla, son of Sheo Nath, Rupa son of Kalu and Chiranji Lal stand convicted under sections 399 and 402 of the Indian Penal Code by the order of the Additional Sessions Judge, Hissar, dated 12th May, 1970 whereby they were sentenced to five years' rigorous imprisonment under section 399 and to three years' rigorous imprisonment under section 402 of the Indian Penal Code each The sentences were ordered to run concurrently. It was however, directed that the sentences shall run consecutively with the sentences imposed under the Arms Act by order dated 8th May 1970 Being aggrieved all the convicts have filed separate appeals through jail. This judgment will dispose of all the appeals as they arise out of the same order.

(2.) ON 10th August 1969 Ved Raj Assistant Sub -Inspector was present in Fatehabad when he received information that all the five appellants were hiding themselves in the jungle of Salamkhera for the commission of dacoity and were armed with deadly weapons He immediately sent a memo to the Police -Station Fatehabad, conveying the information which he had received Banaisi Lal Station House Officer registered a formal first information report on the basis of the ruqa received from Ved Raj Assistant Sub -Inspector and then formed a raiding party consisting of Sewa Ram and Ram Singh PWs besides other official witnesses. The party reached Badopal canal bridge in a truck and then started on foot the police party was divided into three groups and all the groups started for the spot about which information had been given by the informer. After covering a mile and a half or so the three groups were able to encircle all the appellants who are biding themselves in bushes. The five appellants were apprehended at the spot and from their possession pistols and cartridges were recovered. From the personal search of Singha accused only a barchha was recovered. All the articles were taken into possession and the accused were then challaned and convicted and sentenced as above.

(3.) JAGAN Nath has deposed that he was the Sarpanch of the village Bakshiwala and that the Sub -Inspector from Fatehabad came to their village and asked for Bhondu alias Phoola. The Sub -Inspector also informed him that Phoola was to be interrogated as he was suspected of some offence. In the presence of Jagan Nath, Phoola was sent for and was taken away by the Sub -Inspector to Fatehabad Later on Jagan Nath learnt that Phoola had been challaned in this case.