Mukteshwar Prasad - (1.) -Accused Ram Singh, son of Tota Ram, has filed this appeal against the judgment and order dated 18.12.1980 passed by Sri S. K. Agnihotri, Additional Sessions Judge, Aligarh whereby he convicted the accused under Section 399/402, I.P.C. and sentenced to undergo rigorous imprisonment for a period of four years under each count. He was further sentenced to suffer rigorous imprisonment for a period of one year under Section 25 of the Arms Act. All the three sentences were directed to run concurrently.
(2.) IN brief, the prosecution came to the Court with the allegations that P.W. 4 Udaivir Singh, the then S.O. of police station Atrauli, district Aligarh, received information that a dacoity would be committed in the night at the house of Thakur Ajab Singh in village Bhojpur. The S.O. believing the information to be correct decided to take appropriate action. At about mid-night in the night intervening 12/13th January, 1978, a gang of dacoits assembled at the tube-well of Bhup Singh. The S.O. collected police force and public witnesses and formed two parties who took position near the Tube-well at about 12.15 in the night. Two constables were sent to the house of Thakur Ajab Singh to protect his life and property. After a few minutes, 7-8 miscreants were seen in the south-east corner of the field of Bhup Singh. The police party overheard the talks going on amongst members of the gang and was satisfied that a gang of dacoits had assembled there to commit dacoity. The police party fired V.L.P. and challenged the miscreants who started running away. They were chased and three miscreants, including the appellant, were apprehended and others succeeded in running away. On personal search, a country made pistol and two live cartridges were recovered from the possession of the appellant. Separate recovery memos were prepared by the S.I. police Vijaipal Singh Rana. Besides weapons, Biris, Match-box and Torches were also recovered from the spot. P.W. 1 Head Constable Amar Singh prepared chik report on the dictation of the S.O. Udaivir Singh and investigation of the case was entrusted to S.I. Babu Ram Yadav. The I.O. during the investigation reached the place of occurrence and prepared a site-plan on 13.1.1978. After completing investigation, he submitted charge-sheet against Ram Singh and others.
(3.) AFTER committal of the case, accused Ram Singh was charged under Section 399/402, I.P.C. He was further charged under Section 25 of the Arms Act. He pleaded not guilty to the charges. During the trial, the prosecution examined five witnesses in all. They were P.W. 1 Amar Singh, who prepared Chik report and made entry in the G.D., P.W. 2 S.I. Vijaipal Singh Rana, who was leader of the second party, P.W. 3 S.I. Babu Ram Yadav, who was I.O. of the case, P.W. 4 Udaivir Singh, who was posted as S.O. of police station Atrauli and was leader of the first party, P.W. 5 Bahal Singh, who was a public witness and was included in first party.;