- (1.) FOUR appellants Dev Singh, Mahendra Yadav, Bateshwar Singh and Suresh Singh have preferred this appeal under Section 374 Cr.P.C. against the judgment and order dated 23.9.1982 passed by Sri V.N. Singh, VI Additional Sessions Judge, Shahjahanpur in Sessions Trial No. 459 of 1981 convicting and sentencing each of them under Section 399 IPC to undergo five years' rigorous imprisonment (R.I.), three years' R.I. under Section 401 IPC, three years' R.I. under Section 402 IPC and two years' R.I. under Section 307 read with Section 34 IPC. All the sentences ordered to run concurrently.
(2.) PROSECUTION story emerging from FIR and evidence on reocrd runs as follows. A report was lodged by Mr. J.P. Sharma, Station Officer in Police Station Kalan, on 8.2.1980 at 1330 PM to the effect that on 8.2.1980 he was on usual patrolling alongwith SI, B.D.Singh, H.C. Radhey Shyam and other police personnel to villages Ganjan Nangla, Madanpur Setha Jakhia and Bharramai . At 3.15 AM when the police party was standing towards north behind Jakhia School, a flash of light was seen from the back side window of the school and some murmuring was also felt therefrom. Thereafter when the police party silently reached back side of school, they saw six persons sitting in eastern room of the school. One of them was sarcastically saying that they had supported Pothi and rendered houseless. Another dacoit said, Pothi and Chhabiram are their leader and they should not disassociate themselves from their company. He further said that they have plenty of arms, day is about to dawn, dacoity may be committed at the house of Tejram as doors would be open and a hefty booty is likely to be received. Being assured that it was certainly a gang of dacoits, who were planning to commit dacoity, and, since there was no sufficient time to call for an independent public witness, PW 1 SI, J.P. Sharma along with other Constables took position towards eastern side and ordered SI, B.D. Singh, H.C. Radhey Shyam, Constable Satya Narain and Constable Ram Asrey to take position towards western side of school. When the miscreants started coming out the police party flashed torchlight on them and challenged that they are surrounded by police pursuant whereto the dacoits fired with intention to kill. Police party led by SI, B.D. Singh, caught hold of accused Ved Ram in the school field at 3.30 AM. Remaining accused Sipahi Kahar, Suresh, Bateshwar, Mahendra and Dev Singh while firing, succeeded in making their escape good. Articles recovered from the possession of Vedram were sealed and recovery memo was prepared. 49 pieces of half burnt Bidis and 20 half burnt pieces of match sticks were also recovered, sealed and memo prepared from the spot where the dacoits were allegedly sitting.
(3.) AFTER conclusion of investigation, chargesheet was submitted in Court.;