- (1.) S. N. Tiwari, J. Accused Ram Swarup, Chunna, Sultan and Chandra Pal, who have preferred this appeal, were convicted under Sections 399 and 402, I. P. C. to five years and four years R. I. respectively. Accused Ram Swarup and Chunna were further convicted and sentenced under Section 25 of the Indian Arms Act to two years R. I. each.
(2.) ACCORDING to the prosecution story, S. I. Prempal Singh, P. W. 2, S. O. Baria alongwith S. I. Chhatra Pal Singh Chauhan and other police constables, had gone from the police station at about 7 p. m. on 15-4- 1978 in connection with the investigation of a case under Section 379, I. P. C. When the police personnel aforementioned were returning to the police station from the road at about 10 p. m. , they suspected the presence of some bad characters in the Dharamshala of Ram Lal Bohre, because they heard some noise and saw flashing of bidis. S. O. Prem Pal Singh made two police parties from the force available with him, one was led by him and the other was led by P. W. 1 S. I. Chhatra Pal Singh Chauhan. Police Constables were included in both the parties. After completing the formality of taking and giving recovery, the party of S. O. Prem Pal Singh took position in the east of the Dharamshala while the party led by S. I. Chatra Pal Singh Chauhan (P. W. 1) took position in the north-west of the Dharamshala. ACCORDING to the F. I. R. , they saw from a hole to the eastern wall of the Dharamshala that 5-6- persons were sitting in the Dharamshala and were talking amongst themselves. They were also smoking bidis. They were discussing that the last bus was shortly to arrive and dacoity is to be committed in it. They also declared that there are sufficient persons with sufficient arms. They further declared that the passengers of the bus will surrender even to the threats. This talk between the accused led the personnel of the parties led by S. O. Prem Pal Singh and S. I. Chhatra Pal Singh Chauhan to believe that the culprits had assembled with a view to commit dacoity. P. W. 2 S. O. Prem Pal Singh challenge the culprits and asked them to surrender. Thereafter, the persons assembled in the Dharamshala fired towards both the parties which had taken position. The police party also replied the fire. However, no one was injured. The four accused- appellants were arrested on the Chabutra in the north of the Dharamshala. From the possession of Ram Swarup, one country-made pistol and 4 cartridges were recovered. From the possession of Chunna, accused, one country made pistol and 4 cartridges were recovered, accused Sultan and Chandra Pal were armed with lathis. Recovery memos of the recovered, articles were prepared. They are Exts. Ka-1 to Ka-4. Two blank cartridges were found on the spot. They have been taken into custody, vide recovery memo Ext. Ka-5. The chick report was prepared on the dictation of S. O. Prem Pal Singh. S. I. Harsh Vardhan, who investigated the case, prepared a site-plan Ext. Ka-9. Exts. Ka-7 and Ka-8 are the copies of the G. D. through which the present case was registered and through which the departure of the police personnel in the evening of 15. 4. 1978 from the police station was made. After completing the investigation, charge-sheets Exts. Ka-10, Ka-11 and Ka-12 were submitted. Exts Ka-13 and Ka-14 are sanction accorded by the District Magistrate for prosecution of accused Ram Swarup and Chunna. Chargesheet under Section 399/402, I. P. C. was submitted against all the accused while chargesheets under Section 25 of the Indian Arms Act were submitted against Ram Swarup and Chunna. It may be mentioned that though the case was registered under Section 307, I. P. C. but no chargesheet was submitted against any of the accused.
(3.) CHARGES under Sections 399 and 402, I. P. C. were framed against all the accused while charge under Section 25, Arms Act was framed against accused Ram Swarup and Chunna. The prosecution examined P. W. 1 S. I. Chhatra Pal Singh Chauhan and P. W. 2 S. I. Prem Pal Singh, who have tried to corroborate prosecution theory. These witnesses have proved various police papers referred to above.;