DARBARA SINGH Vs. CROWN

JUDGEMENT

(1.) The six appellants in this case have been convicted under Section 399, Penal Code and sentenced to undergo five years rigorous imprisonment each. 2]. The prosecution case is that on the evening of 7 April 1948, Pandit Narinjan Singh, Assistant Sub-Inspector, Panipat, received in-formation that a group of six persons would eonp mit dacoity that night at the house of Rati Ram lambardar of Dimana, police station Samalkha, a fairly wealthy person, and that the dacoits would collect at a well in the area of village Kheri Nangal 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 Lal police constable to go to village Dimana, situate at a distance of four kos from Panipat to inform Rati Ram lambardar of the proposed dacoity and at about 10 P.M. formed a raiding party consisting of Assistant Sub- Inspector Chaudhri Harbans Lal P.W. 4, Hari Ram head constable, four constables, Jagdish Ram P.W. 2 and Ohandar Bhan P.W. 3 and raided the kacha Jcotha 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 pistols in their hands got ready for resistance bat before they could fire, the accused were overpowered by the two Assistant 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. Hi from Devi accused 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 63 pellets were recovered. Lakhman accused 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 accused 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.

(4.) The accused admit that they were arrested by the police at the well. They, however, state that they were not armed at the time of arrest and were not making preparations for committing dacoity. Balqara Singh, Darbara Singh, Jagir Singh and Devi convicts stated that they had been taken to the well by Dep Ohand, a carpenter of Babail, for taking liquor and Balmokand and Lakhman convicts stated that they had been taken to the well by Bija. They examined fourteen witnesses in defence, The trial Court has, however, rejected the testimony of the defence witnesses and counsel for the appellants has not relied upon that evidence in appeal.