Ravindra Nath Kakkar, J. - (1.) This criminal appeal has been preferred against the judgement and order dated 17.2.1983 passed by the Special Judge (Dacoity Affected Area), Agra in S.T. No. 4 of 1982 convicting and sentencing the appellants as under section 399 IPC for two years RI, under section 402 IPC for four years RI, further convicting under section 25 Arms Act for a period of one year RI.
(2.) The prosecution story as emanates from FIR and the evidence of the prosecution witnesses in brief is that on 07.12.1982 at 3.25 P.M. Sri Parasuram Yadav, S.H.O. Fatehpur Sikri police station accompanied with Sub Inspectors and constables left for patrolling on a Government jeep. Sub Inspector Sri Bhagwan Singh accompanied by three police constables also left separately for patrolling from the police station. Approaching the brick kiln at village Jaingara, both the police teams joined each other. The team of Sri Bhagwan Singh proceeded further with the team under the supervision of Station House Officer Shri Parasuram Yadav. When they reached at culvert (puliya) of the village Chaikora, an informant met and gave a tip-off that the Vedram Gang of village Gyara comprising 6 to 7 dacoits would assemble at 'Chaikora Ki Dharmshala' at around 8.00 pm and would commit dacoity somewhere. Taking this information to be reliable, the police formed two teams; wherein Shri Parasuram Yadav was made incharge of one team and Sri Surajpal Singh of the other team. Members of both the teams ensured to each other that they did not have any illegal article in their possession. Thereafter, Sri Parasuram Yadav allotted role to each member of both the teams as to where and how they would hide themselves. They also tried to secure a public witness, but they could not find anyone from the area around them being a jungle. Both teams reached the 'Chaikora Ki Dharmshala' at 7.25 O'clock and hid behind at the decided places. The team headed by Sri Parasuram Yadav hid themselves west of the Dharamshala and other team under the in-charge of Sri Surajpal hid themselves east of the Dharamshala. About 15-20 minutes later, four persons reached there from the south and seated themselves in the Dharamshala. They began talking with one another and smoking beedis and cigarettes. One of them said, " Our boss with his associates has not arrived yet. The village Chaikora is mainly inhabited by Jat community. Hence, it will be difficult to commit dacoity there." They kept talking with one another in the same way. After around 15 minutes, two persons came there and started talking with them as well. One of them said, "We are sufficient and also have plenty weapons. Let us proceed and commit dacoity." They agreed on this point. As soon as they stood up and proceeded for committing dacoity, Shri Parasuram Yadav used his torch light on them, challenged and commanded them to surrender. On that point of time, six persons tried to fled away from the spot towards the south. They were chased at about 15 paces towards south of the Dharamshala, both the police teams caught hold of four persons but two miscreants managed to give a slip to them. It was around 7.50 O'clock, some of the police personnel gave a chase to fleeing dacoits but they could not be apprehended. The apprehended four persons stated their names to be Vedram, Rohan Singh, Ummed Singh and Ramvir. They were thoroughly searched. A single barrel gun bearing no. 284 M of Oril and Company make with no. 2088, Webley pattern was recovered from the possession of Vedram. A belt of nivar/patta (collar) was found girdled around his waist, wherein there were eight cartridges of 12-bore, KF special which included five cartridge of 4 number and three cartridges of 2 number. Besides, a packet of beedi as also a matchbox was recovered from left pocket of his shirt. From the possession of Rohan Singh, a single barrel 12 bore gun and a black raxine belt tied around his waist were recovered; wherein there were 7 live cartridges of 12 bore KF Special, which included four cartridges of 1 number and three cartridges of 4 number. A cigarette packet of Panama and a match box were also recovered from his right pocket of pant. From the possession of Ummed Singh a 12 bore country made pistol and from his left shirt pocket, 5 live 12 bore cartridges, KF Special which included two cartridges of 2 number, one cartridge of three number, one cartridge of 1 number and one cartridge of 1 number were recovered. From the possession of Ramvir, a 315 bore country made pistol and from his right shirt pocket 2 brass cartridges and an empty brass cartridge were recovered. A khaki colour bag was also recovered from his possession in which an Eveready torch with two cells and another Jeep torch with three cells in a working condition, a scimitar (Kripan), badge and whistle tied with string were recovered. The recovery memo for all these recovered articles were prepared at the spot, which is marked as (Exhibit-Ka-1). The incriminating articles recovered from the possession of each of the accused were sealed in separate bundle. Stubs of Beedi, cigarette and matchsticks were also recovered from the place, which were also sealed at the spot. Accused persons were kept baparda and were brought to the police station by the police teams. On the basis of the recovery memo, first information report (Exhibit-Ka-2) was written and the case was registered in general diary, the true copy of same is marked as (Exhibit-Ka-3). The investigation of this case was conducted by Sub Inspector Sri Shishupal Singh, who prepared a memo (Exhibit-Ka-5) on the basis of torches in the possession of police. Sri Shishupal Singh inspected the place of occurrence and prepared the site plan, which marked as (Exhibit-Ka-6).After completion of the investigation, charge sheet had been filed against the accused persons, which is marked as (Exhibit-Ka-7 to Exhibit-Ka-11). Investigating Officer Sri Shishupal Singh for the prosecution of all the four accused persons under section 25 Arms Act sent four applications, which is marked as (Exhibit-Ka-12 to Exhibit-Ka-15) in office of the District Magistrate, Agra. After receiving the approval to prosecute them through paper (Exhibit-Ka-16 to Exhibit-Ka-19), charge sheet under section 25 Arms Act has been submitted before the concerned Magistrate.
(3.) The learned trial Judge framed the charges under sections 399, 402 IPC and 25 Arms Act against the accused persons Vedram, Rohan Singh, Ummed Singh and Ramvir. All accused pleaded to be not guilty and claimed trial.;