RAM HARAKH Vs. STATE

JUDGEMENT

(1.) Criminal Appeal No. 2311 of 1979 has been filed by Ram Harakh, whereas Criminal Appeal No. 2406 of 1979 has been preferred by Paras against the one and same judgment passed in Session Trial No. 198 of 1978, by Sri S. S. Srivastava, the then VIIth Additional Sessions Judge, Gorakhpur, on 26.7.1979, whereby he has convicted appellant Ram Harakh under Sec. 379/511, 1. P. C. and sentenced him to one year's rigorous imprisonment, and the appellant Paras under Sec. 379 read with Sec. 511, 1. P. C. and sentenced him also to undergo rigorous imprisonment for one year. Appellant Paras was further convicted under Sec. 25-A of the Arms Act and sentenced to one year's rigorous imprisonment, with a direction to run all the sentences concurrently. Since both the appeals have been preferred against one and the same judgment, they are being disposed of together by this common order.

(2.) The prosecution case, in brief, is that Debi Saran Singh, Sub-Inspector, Police Station Khorabar Constables Ram Ujagir Pandey and Vijai Narain Dixit and some Home Guards were on patrol duty on 27.2.1978 at about 8.20 P.M. on the Railway Line to check the theft of telephone wires. When the party reached near Tura Bridge, the members of the patrol party noticed torch light near pole No. 494/4. Then they proceeded towards that pole and on reaching there they found one man climbed on the pole, trying to cut the telephone wire, and some other men standing near that pole. The Sub-Inspector Debi Singh flashed his torch towards that pole whereupon one person standing near the pole fired a shot towards the patrolling party but they escaped narrowly. The patrolling party arrested two members of that gang, namely Paras and Ram Harakh, the two appellants in the above appeals. After their arrest and interrogation by the Sub-Inspector, they disclosed the names of their other companions as Hamid, Lalji, Ram Briksh and Pearey. On their search, one iron Plass was recovered from the possession of Ram Harakh appellant, and one country made pistol, two cartridges-one inside the barrel and another in his pocket and one iron saw were recovered from the possession of Paras appellant.

(3.) The accused-appellants were then sent to jail and a case was registered against the accused at P. S. Khorabar, under Sections 379, 511 and 397, I.P.C. After investigation the 'Investigating Officer submitted a charge-sheet against the accused under Sections 379, 511 and 397. I. P.C. and also under Sec. 25 of the Arms Act against Paras-accused appellant, only.