S.K. Phaujdar, J. - (1.) The two appeals have been heard together as they arise out of the same judgment in S.T.N. 248 of 1979 recorded by the VIII Addl. Sessions Judge Meerut on 24.8.1979 convicting the appellants under Section 399 and 402 Indian Penal Code and sentencing each of them to R.I. for 4 years under both the courts. The sentences were to run currently. Both the appeals are being disposed by this single judgment.
(2.) The prosecution case in brief is as follows:-
(3.) The station Officer of Khakhaur police station, Sri S.S. Kshetrapal was on a vigilance round on the Meerutkhakhara Road on the night between 16th/ 17th May, 1975. Another police party under the leadership of Sri B.B. Singh, Station Officer, Bahadurgarh Police Station, accompanied by Sri Narottam Singh Station Officer P.S. Kithore was also in similar vigilance round. They met each other at about 12.35 a.m. in the night and were engaged in conversation when an informer informed them about certain persons having assembled near the tube-well of one Bhopal Singh. The police personal immediately made teams and went to the place from two directions and heard certain talking amongst themselves concerning looting and committing dacoity. They challenged them. The miscreants started running away. Three of them could escape while four others were arrested. These four included the present three appellants. It is stated that pistols and cartridges and other materials were seized from their possession. Accordingly, they were charge-sheeted for assembling for the purpose of dacoity and also for making preparations for dacoity.;