DARBARA SINGH Vs. CROWN

JUDGEMENT

(1.) THE six appellants in this case have been convicted Under Section 899, Penal Code and sentenced to undergo five years' rigorous imprisonment each.

(2.) THE prosecution case is that on the evening of 7th April 1048, Pandit Narinjan Singh, assistant Sub Inspector, Panipat, received in-formation that a group of six persons would commit dacoity that night at the house of Rafci Bam lambardar of Dimana, police station samalkha, a fairly wealthy person, and that the dacoits would collect at a well in the area of village Bheri Nan gal alias Garhi Siwah, situate at a distance of about two miles from Panipat, on receipt of this information at about 7 or 7-30 p, M. the Assistant Sub-Inspector of Police deputed Banwari Lai police constable to go to village Dimana, situate at a distance of four fees from Panipat to inform Eati Ram lambardar of the proposed dacoity and at about 10 P. M. formed a raiding party consisting of Assistant Sub-Inspector Chaudhri Harbans Lai P. W. 4, Hari Earn head constable, four constables, Jagdish Bam P. W. 2 and Chandar Bhan P. W. 3 and raided the hacha kotha at the well which was without shutters and found the six appellants sitting in the kotha taking liquor, with two empty bottles, Exs. p. 19 and p. 20, and one glass tumbler, Ex. p. 21, all smelling of liquor lying nearby. On seeing the police the accused stood up and of them balqara Singh and Devi with piatola in their hands got ready for resistance but before they could fire, the acoused were overpowered by the two Assis-tant Sub-Inspectors of Police with the assistance of the head constable and a constable.

(3.) THE police recovered a loaded pistol, Ex, p. 1, from Balqara Singh and cartridges, Exs. P. 2 to p. 5, from his shirt pocket. The police likewise recovered a loaded pistol, ex. p. 11, from Devi acoused and cartridges p. 13/1-4, from his pocket. Barbara Singh had the loaded gun, Ex. p. 6, and from the folds of his loincloth a packet containing half pound of gunpowder and 68 pellets were recovered. Lakhman acoused had a loaded pistol ex. p. 15 and cartridges Exs. P. 16, P. 17 and p. 18 were also recovered from him. Jagir Singh and Balmukand acouaed had a kirpan each. The articles recovered were taken into possession and recovery memos, Ex. P. A. , regarding arms and Ex, p. B. regarding the liquor bottles and glass tumbler were prepared.