P.N.Goel - (1.) RAM Din, resident of village Shivlapur, Babu, resident of Dayalpurwa, RAM Swarup, resident of Durjanapur and Babu Bhurji, resident of Maddupurwa have been convicted under Sections 399 and 402 IPC and 25 Arms Act. Shivlapur and Dayalpurwa are within Police Station Mallawa, district Hardoi. Durjanapur and Maddupurwa are within Police Station Kannauj, District Parrukhabad.
(2.) THERE is usual story against the appellants. An informer told Shiv Charan Singh (PW 2) Station Officer Kannauj on 29-1-1974 at about 11 P.M. that some bad characters would commit dacoity in the house of Akku Khan in Mohalla Bajaria, Kannauj and would assemble in the mango grove of Jahanuddin near the Abadi of Kannaujj for the said purpose. Shiv Charan Singh collected force from the Police Station. Then 6 persons of the public including Ram Prasad (PW 1) of Meera Tolai, Police Station Kannauj were taken. All the persons were divided in three parties. These parties took position to the north, east and west of the grove. The bad characters had already gathered in the middle of the grove under the mango trees. Talks of the bad characters were heard and when the bad characters were saying that they should proceed and commit dacoity, Shiv Charan Singh challenged them. Three shots of very light pistol were fired. The bad characters resorted to firing. The police also resorted to firing. THEREafter the four appellants ajnd one Bahadur were arrested and two bad characters escaped. From the possession of Bahadur ova single barrel gun, four cartridges, three silver ornaments weighing in all 1400 grams and one Mardani Dhoti were recovered. From the possession of Ram Din, one country made gun, six cartridges and silver ornaments weighing in all 850 grams were recovered. From the possession of Babu one country made pistol, three cartridges and two silver ornaments weighing in all 600 grams were recovered. From the possession of Ram Swarup one country made gun, five cartridges and six silver ornaments weighing in all 315 grams were recovered. From the possession of Babu Bhurji, one country made pistol and two live cartridges were recovered. The appellants did not have a licence to possess the firearms. The bad characters disclosed that the silver ornaments and Mardani Dhoti were of the dacoity committed on Sunday last in the house of Kanhe Kisan of village Lasmanpurwa, Police Station Fattepur, district Unnao. The appellants did not admit the allegations of the prosecution. Ram Din asserted that he had come to the market of Kannauj for making some purchases, that some constables met him there and wanted to take some money from him, that thereupon there took place quarrel and that, therefore, he was taken to the Police Station and then implicated in this case. Babu stated that he had brought Ghee to sell in Kannauj, that some constables wanted to have ghee at cheaper rates to which he did not agree, that his ghee was snatched and was taken to the Police Station and ultimately implicated in this case. Ram Swamp stated that he was arrested from his village because he had enmity with Phalla Dube of his village. Babu Bhurji stated that the people of his village were hostile to him because he was not doing their work as labourer and, therefore, he was falsely implicated in this case.
(3.) THE prosecution examined [Ram Prasad, Shiv Charan Singh, Station Officer and Prem Chand, Sub-Inspector (PWs 1, 2 and 3) to prove its case. On the other side Jagat Narain and Hori Lal (DWs 1 and 2) were examined. Jagat Narain is of the village of Babu Bhurji. He stated that two constables had taken away Babu Bhurji from his village and that thereafter he did not return. Three days later he learnt that Babu Bhurji was involved in a case like the present one. Hori Lal is of village Likhpuri. He stated that he had come to the market of Kannauj, that the police constables took away Babu along with the ghee from the market. The learned I Additional Sessions Judge believed the testimony of the prosecution witnesses, did not believe the testimony of the defence witnesses and as such convicted the appellants.;