BIND BASNI PRASAD, J. - (1.) THIS appeal arises out of a case under Section 402, Penal Code and Section 19 (f), Arms Act. There are four appellants - Than Singh, Durga, Chiranji and Phagni. They have been sentenced to three years' rigorous imprisonment each under Section 402, Penal Code and Than Singh has in addition been sentenced to six months' rigorous imprisonment and a fine of Rs. 100 or in default to three months' rigorous imprisonment under Section 19 (f), Arms Act.
(2.) IT appears that on 23rd February 1947 Sub -Inspector Riasatullah Khan of police station Dadon, district Aligarh received information that certain persons were going to assemble for the purpose of committing a dacoity. He took some police force with him and went to the place known as Sarak -ka Nagla. The police party divided itself into different groups and they arranged themselves in appropriate positions. When darkness set in, a number of persons including the four accused came to a grove near the canal armed with a gun. The police party surrounded the grove from different sides and Riasatullah fired a gun from his own side. The accused returned the gun fire. Ultimately the four appellants were overpowered and caught but others of their party escaped.
(3.) THE police sent up the accused under Sections 399/402, Penal Code. The learned Sessions Judge, however, was of opinion that the offence under Section 399, Penal Code was not made out. The appellants pleaded not guilty. It was alleged that Than Singh had been arrested out of grudge by the police at 5 P.M., and the other three appellants were arrested because they came to the rescue of Than Singh.;