RAMESH SINHA,J. - (1.) THIS appeal has been filed against the judgment and order dated 1.4.1982 passed by Additional Sessions Judge, Mainpuri in S.T.No.388 of 1979 connected with S.T.No.509 of 1980 and S.T.No.578 of 1980 u/s 148, 307 read with 149 IPC and 25 Arms Act. The accused appellants Sovran Singh @ Soran, Gaya Prasad @ Netta Ji, Phool Singh and Dambar @ Ramveer have been convicted u/s 148 IPC for one year R.I and u/s 307 readwith 149 IPC for 4 years R.I. The accused Sovran Singh @ Soran further convicted and sentenced u7or 6 months R.I.
(2.) THE facts of the prosecution case briefly stated are that Phool Singh of Qasba Eka used to do money lending business. Panna Lal, S/o Tara Chandra, Gaya Prasad, S/o Shital Prasad and Hodal, S/o Ekaka Ram R/o Dharmpur, H/o Eka were indebted to Phool Singh. Phool Singh came in Nagla Dharmpur to demand his money from the above said persons about 15-20 days before the incident in question. Panna Lal and others were prepared to repay the loan with interest @ 2% whereas Phool Singh was demanding interest @ 4%. Five-six days before the incident in question, Phool Singh again came to Nagla Dharmpur along with Gaya Prasad @ Netta Ji of Nagla Akela, who came on a mare. Gaya Prasad asked Panna Lal and others to pay interest @ 4% meanwhile Lila Dhar S/o Bholey Singh, complainant of this case, also reached there. He too suggested to pay interest @ 2% Phool Singh and Gaya Prasad both were annoyed on this suggestion of Liladhar and threatened Liladhar to teach him a lesson as he did not allow the realisation of the loan. On 18.10.1978 Liladhar went to ease in the jungle and at about 5.30 a.m., when he was coming back, Harvansh, S/o Mitthu Lal of his village informed him that Gaya Prasad of Nagla Akela has come along with his colleagues. He is on a mare and is searching you. On receipt of this information Liladhar went to his house, took his licenced gun and also collected Harvansh, Durga Prasad, Panna Lal, Gaya Prasad, Mori Lal, Kishan Lal and Ram Swarup with him and reached at the Gher of Harvansh. After some time Gaya Prasad armed with a rifle passed from there on his mare. He was accompanied by Phool Singh of Eka, Dambar, S/o Yadram of Nagla Akola, Sovran S/o Mahraj Singh of Nagla Pharenda, Asharfi and Sahukar of Luxmanpur, P.S. Eka and two unknown persons who were also seen by the above named persons. They all were armed with illegal guns and pistols. Gaya Prasad exhorted and called out Liladhar to see the result of coming in his way and they all started firing towards Liladhar and other persons with the intention to kill them to death. Liladhar and Ram Swarup also fired shots with their licenced guns in their self defence and other members of the village raised alarm on which the licence holders of nearby villages also started firing shots. The miscreants were taken to their heals and they started running towards Shyampur. Liladhar and other chased them meanwhile three constables, on petrol duty, came from the side of Shyampur. The miscreants also fired on those constables with the intention to kill them to death. The constables also fired towards the miscreants in their defence on which the miscreants ran while firing towards village Pharenda. Liladhar and others and police constables chased the miscreants and caught hold of Sovran in between village Shyampur and Pharenda in the vacant field of Bharamal r/o Pharenda whereas the rest of the miscreants ran away raking advantage of the standing crop.
(3.) FURTHER case of the prosecution is that the police constables took personal search of Sovran at the spot and from his possession one country-made pistol having an empty cartridge in its barrel and 3 live cartridges of no.1 of 12 bore were recovered. Constable Mohar Singh prepared fard recovery at the spot and sealed the same at the spot. Thereafter the police constables, complainant Liladhar along with accused Sovran Singh and the arms recovered from him, came to police station where Liladhar lodged written report of the incident.;