M.Chaudhary, J. - (1.) Since all the three criminal appeals have arisen out of one and the same judgment and order passed in sessions trial No. 84 of 1980 State of U.P. v. Dhyan Singh and Ors. and Connected Sessions trial Nos. 85, 86, 87 and 88 of 1980 all the three criminal appeals abovementioned have been heard together. Judgment shall be placed on the record of criminal appeal No. 190 of 1981 Nabi Ahmad @ Nabi Jan Khan v. State of U.P. which is leading one.
(2.) These three appeals have been tiled on behalf of the accused appellants from judgment and order dated 21st of January 1981 passed by III Additional Sessions Judge Rampur in sessions trial No. 84 of 1980 State of U.P. v. Dhyan Singh and Ors. and connected sessions trial Nos. 85, 86, 87 & 88 of 1980 convicting the accused appellants under Sections 399 and 402 IPC and Section 307 read with Section 149 IPC and sentencing each of them to five years' rigorous imprisonment for each of the offences aforesaid and also convicting them under Section 25 of the Arms Act and sentencing each of them to one year's rigorous imprisonment thereunder directing all the sentences to run concurrently.
(3.) Brief facts giving rise to these appeals are that on receiving an information at police station Azeem Nagar at 9:30 p.m. on 28th of July, 1979 station officer Raghubar Dayal Sharma alongwith the police personnel and the informer proceeded from the police station at 9:55 p.m. towards village Kumhariya. On reaching near village Dilpura he directed constables Ram Prasad and Jhandu to go to the house of Chokhey Lal at village Kumhariya for safeguarding Chokhey Lal. On reaching at Mursaina Tiraha he collected constables Sahab Singh and Krishna Lal Sharma who were on patrol duty there. On the way they tried to pick up public witnesses but in vain. At about 11:00 p.m the Station Officer alongwith the police personnel reached the grove of Ram Swarup. Then he inspected the grove and divided the police force in there parties. One was headed by station officer R.D. Sharma himself, the second one by SI Udan Prasad and the third one by HC Preetam Singh. All the three parties took position on northern, western and southern side of the hut situate in the grove itself. After waiting for about an hour some seven bandits came from the eastern side and assembled inside the hut and started smoking biris. About fifteen minutes thereafter one of the bandits spoke to his associates that Rafiq Ustad had not reached there till then and it was the right time for committing dacoity. He also stated that they had sufficient arms and ammunition and were acquainted with the location of the house of Chokhey Lal and they should proceed to commit the dacoity. Immediately thereafter as the bandits were about to proceed the station officer got convinced that it was a gang of dacoits which was about to proceed to commit dacoity and he challenged the bandits that they were already in police cordon and should not try to move from their respective places otherwise they would be shot dead. Immediately constable Chhotey Lal fired twice with VLP in quick succession. Immediately one of the bandits fired towards the police personnel in the party of the station officer and the latter also fired two shots with his revolver. Then all the police personnel pounced upon the bandits and apprehended four of them in the grove itself and the remaining three succeeded in making their escape good. Then the station officer enquired the names and whereabouts of the four bandits apprehended and took their personal search. On personal search one countrymade revolver and two live cartridges were recovered from the possession of Dhyan Singh and one countrymade pistol with an empty cartridge in its barrel fired recently and four live cartridges from that of Chunna @ Chunnu, One country made pistol and three live cartridges were recovered from the possession of Nabi Ahmad @ Nabi Jan Khan and three live cartridges of rifle from that of Babban @ Babu Ram. Arms and ammunition recovered from the four bandits arrested on the spot were sealed in separate packets and the station officer got recovery memo of arms and ammunition recovered from the four bandits arrested prepared. Then the Station officer alongwith the police personnel taking all the four bandits apprehended alongwith the sealed packets of arms and ammunition recovered from their possession went back to police station Azeem Nagar. Station officer R.D. Sharma lodged an FIR of the said occurrence there at 4:30 a.m. the same night i.e on 28.7.79. The police registered a crime against the accused under Sections 399, 402 and 307 IPC and Section 25 of the Arms Act accordingly. Station Officer Maganvir Singh Chikara police station Tanda district Rampur to whom investigation of the crime was entrusted investigated the crime and after completing the investigation and obtaining necessary sanction of District Magistrate Rampur to prosecute the accused under Section 25 of the Arms Act submitted charge sheets against the accused accordingly.;