- (1.) G. S. N. Tripathi, J. The then Vth Additional Sessions Judge, Etah vide his judgment and order dated 11-9-1979 convicted the accused Raghubir Singh, Karan Singh, Man Singh and Suraj Pal under Section 399, I. P. O. and sentenced them to undergo 5 years' R. I. He further convicted and sentenced them under Section 402, I. P. C. and ordered them to undergo a 3 years' R. I. The accused Raghubir, Karan Singh and Man Singh were also convicted under Section 25, Arm Act and sentenced to undergo one year's R. I. Accused Suraj Pal was convicted under Section 25, Arms Act and sentenced to undergo six months' R. I. All the sentences were ordered to run concurrently.
(2.) THE prosecution case started on the basis of F. I. R. lodged at the police station on 28-12-1976 at about 5 a. m. THE incident is said to have taken place in the night of 27/28-12-1976 around 1. 30. THE distance of the police station is 5 miles. According to the prosecution case, the police party consisting of Sri Babu Lal Verma, PW 4 then S. O. , Charan Singh, PW2, Vanni Singh, PW 3 and S. I. Netrapnl Singh, PW 5 along with other police staff were out to arrest some accused. They raided some places. But no culprit was available. Thereafter, that started patrolling and arrived near the village Nagla Thakuria around 0. 30 a. m. near the bamba on the road. They heard some murmuring and conversation. They also found a log of wood placed on the record and suspected that some docoits might have assembled for committing road held ups and dacoity. They divided themselves into two parties. Party No. 1 was headed by Sri Verma himself and consisted of Charan Singh. PW 2, Ram Autar and others. This pary took his position towards the north of bamba shown by letter D. The other party was headed S. I. Netrapal Singh, PW 5. H. M. Vanni Singh, PW 3 and others. This party took is position towards the west of the road shown as place B in the site plan. After having taken their position, they heard the dacoits talking amongst themselves that "the time was ripe for committing the dacoity. " The police party headed by Sri Verma was convinced that this was the gang of dacoits, who were waiting for committing road docoity add hold ups. He challenged them. But the dacoits instead of surrendering started escaping. However, they were over-powered and arrested on the spot at distance of few paces. Their searches were taken. From the possession of Karan Singh, one country-made pistol and six cartridges, from Raghubir Singh one country-made pistol and five cartridges, from Man Singh, one country-made pistol and four cartridges and from Suraj Pal, one spear were recovered. These articles were separately sealed on the spot and memos were prepared there. Thereafter the police party started for the police station along with the accused and the recovered goods and the F. I. R. was lodged at 5 a. m. on the basis of recovery memo, which had been prepared on the spot. After usual investigation, the prosecution laid the charge-sheet against the accused. Before that, the permission of the District Magistrate for prosecuting the accused under Section 25, Arms Act was also obtained.
(3.) THE prosecution examined PW 4 Sri Babu Lal Verma, then S. O. , the leader of party No. 1. He has given the detailed version of the prosecution story as contained in the recover memo. Pw 2 H. C. Charan Singh was also in his party. He has also sup ported him.;