G.S.N. Tripathi, J. - (1.) The then VI Addl. Sessions Judge, Fatehpur, vide his judgment and order dated 20.3.1979, passed in S.T. No. 54 of 1978 State v. Heera Lal convicted the accused Raja Ram, Dularey and Jai Rant and sentenced them to under go five years. Section 402 Indian Penal Code and one year R.I. under Section 25 Arms Act. All the sentences were ordered to run concurrently.
(2.) The prosecution case started on the basis of written first information report dated 12.7.1977 lodged at 3.15 A.M. at Police Station Hathgaon district Fatehpur after negotiating a distance of two miles. The incident is said to have taken place in the night between 11th and 12th July, 1977 around 11.45 P.M. On 11.7.77 at about 21.15 P.M. an information was received that a gang of dacoit's was to assemble in the Arar of Mata Prasad for committing dacoity at the house of Jagdeo Prasad Chaurasia in village Shahpur, at about 11.30.P.M.
(3.) The Station Officer, Sri B.O. Verma (P.W.1) recorded the statement in the G.D. and took the police force including S.I. Sri Ram Pal Misra and six constables and started from the Police Station. This party was fully armed. On the way they took Sunder Lal and Gaya Prasad along with Mohd. Usman, Munfak and Lallu. They all arrived at the house of Jagdeo Prasad Chaurasia and informed him about the programme of dacoit's. For security two constables were left at the house. Thereafter the S.O. reached the Arar aforesaid and divided the Police party in two groups. One was led by himself and the other was led by S.I. Ram Pal Misra. The first party was led by Sri B.O. Verma, S.O. and the other was led by Sri Ram Pal Misra, S.I. They took positions towards north and south of the Arar and waited for the dacoit's to come. When the assembled dacoit's were about to move, they were challenged by the Station Officer and a shot was fired with V.L.P. The dacoit's started running but three accused, namely Raja Ram, Jai Ram and Dularey were arrested on the spot. From the possession of Raja Ram one S.B.B.L. gun and five cartridges were found. From the possessions of Jai Ram a country made pistol and three live cartridges were found. From the possession of Dularey a Phrase was recovered. Four dacoit's made good their escape. But they were identified. In case an opportunity was available, they too would be arrested. Their names were revealed as Ram Das, Kishuna, Heera Lal accused (now acquitted) and Ram Nath Pasi.;