H.C.P.Tripathi, J. - (1.) Out. of these 22 appellants, appellants Nos. 1 to 21 have been convicted under Sections 147, 225, 332, 149 and 323/149, I.P.C. and sentenced to two years R. I., two years' R. I., two years R.I. and one year's R. I. respectively under those counts. Appellant No. 4 has further been convicted under Section 323, I. P. C. and sentenced to two years R. I. Appellant No. 22 has been convicted under Section 148, I.P.C. and sentenced to three years R. I. He has been further convicted under Section 19(f), Arms Act, and sentenced to two years R. I. The learned Civil and Sessions Judge of Bulandshahr has directed all the sentences of the appellants to run concurrently.
(2.) The prosecution story, in short, is as follows:- Bhamman, Jahaz, Goonga and Husaina, all residents of village Menhdipur in police circle Jewar were wanted by the police for offences under Sections 457 and 511, I.P.C. Village Menhdipur is mainly populated by Newatis who are known for their turbulent nature. Sub-Inspector Shvam Singh, having requisitioned some police force from Khurja police station, organised a party consisting of about twenty police constables and proceeded for the village on May 6, 1962 at 3.15 a.m. for effecting the arrest of the wanted men. In the way he approached the Pradhan of Gopal Garh for help but without any result. He then went to Hamidpur nearby village in the district of Aligarh and from there took with him some of the villagers and , included them in his party. The party ; consisting of the police personnel and t public men most of whom were armed with firearms, reached village Menhdipur at 5.30 a.m. and surrounded the houses of the wanted men. They challenged Bhamman and others to come out of the houses and surrender themselves. At this, appellants Azeem Khan and Ali Khan came out of their respective rooms and exhorted the residents of the village to muster strength to face the police force which had come to arrest their fellow villagers. Their exhortation produced the desired effect and 33 persons, including the appellants, armed with lathis, gandasas and balkaties, appeared on the scene. Azeem Khan had a country made pistol with him.
(3.) Sub-Inspector Shyam Singh told the assembled villagers that the police had come on a lawful object for effecting arrest of Bhamman and others who were wanted in criminal cases and that they should disperse. Meanwhile Gulab Singh constable caught hold of Bhamman. Thereupon all the 33 villagers made a concerted attack on the police party with their respective weapons and got Bhamman accused released. Azeem Khan fired twice from his pistol but fortunately none was injured. Sub-Inspector Shyam Singh gave a lathi blow at the hand of Azeem Khan and snatched away his pistol. The police party also wielded their dandas and succeeded in arresting 26 members of the unlawful assembly at the spot Seven of them, however, managed to escape. Sub-Inspector Shyam Singh, some members of the police force and some public men, who were included in the police party, had received injuries at the hands of the appellants and their associates in the incident. Gandasas, lathis and pistol with which the miscreants were armed were taken in possession and a recovery memo Ex Ka. 2 was prepared in respect of the same. On the arrival of further police force from police station Khurja, consisting of Circle Inspector, one Sub-Inspector and some constables, all the 26 persons arrested at the spot, were made Baparda and brought to the police station Jewar where a report of the occurrence was lodged at 12 noon on May 6, 1962. A case was registered which was investigated by Sri N. C. Malik, Circle Inspector.;