P.N.Goel - (1.) THE six appellants have been convicted under Sections 399 and 402 IPC. Nasru, Mahendra and Qurban appellants have further been convicted under Section 25 Arms Act.
(2.) ISLAM appellant is resident of village Akbarpur within police station Fatehpur, district Saharanpur. Ali Sher appellant is resident of village Nawada. Mahendra appellant is resident of Village Budhkhara. Both these Villages are within police station Beharigarh, district Sharanpur. Yasin appellant is resident of Village Barheri, police station Roorki, district Saharapur. Nasru and Qurban appellants are residents of village Sikandrapur, within police station Fatehpur, district Saharanpur. The case of the prosecution against the appellants may be indicated at some length. On 28-6-1974 an informer informed Satpal Singh, Station Officer, police station Fatehpur (PW 1) that a gang of bad characters would commit dacoity on the night intervening 28th and 29th June, 1974 at the house of Phaggan Mukhia in village Mandey Bans within police station Fatehpur and that for that purpose they would gather in a room close to the Bhatta of one Bhatia within the limits of adjoining village Harora. On getting this information Satpal Singh not only collected police force from his police station but also attempted to collect police force from police station Beharigarh by giving a telephonic message. Police Station Beharigarh is 10- 12 miles from police station Fatehpur. G. L. Bandhu, Station Officer police station Beharigarh along with Chaman Singh SI (PW 3) and some constables immediately started and reached police station Fatehpur. Then the police party left police station Fatehpur in a government jeep and a private bus. Village Harora is 6 miles from the police station. The police party, however, stopped at a culvert about 4 miles from the police station. Satpal Singh then sent for Head Constable Khazan Singh from police out post Gagal Heri which is 2 miles from the culvert. After the arrival of Khazan Singh, he along with three constables was sent to the house of Phaggan Mukhia. Some constables were sent to villages Harora and Mandey Bans to bring witnesses of the public. These constables brought Mohammad Hasan (PW 4) and two other persons from Mandey Bans and Ismail (PW 5) and two other persons from village Harora. Thereafter Satpal Singh made two parties. One party was headed by him and the other party was headed by G. L. Bandhu. The party of Satpal Singh was to take position to the north of the Kotha in which the dacoits were reported to have assembled. The party of G. L. Bandhu was to take position to the south of the said Kotha. Personal searches were taken at the culvert. Then the parties proceeded from the culvert and took positions in accordance with the direction of Satpal Singh. There is a window in the western wall of the Kotha. This Kotha faces east. Through the window the police party could see some parsons smoking biris inside the Kotha. After the parses had taken positions and the dacoits were heard saying that Jaichand had not come, that sufficient time had elapsed and that they had sufficient weapons, very light pistols were fired from the side of both the parties. Upon this all the bad characters took to their heels and came out of the entrance door of the room. Both the parties immediately rushed and caught hold of all the bad characters, six in number, the present appellants, just outside the Kotha. On personal search, a lathi and a torch were found with Islam. Ali Sher and Nasru had a spear each. Mahendra had a pistol and 6 live cartridges. Qurban also had a pistol and 4 Jive cartridges. Nasru had a single barrel gun with 2 small plastic phials containing gun powder. Mahendra, Nasru and Qurban did not hold a licence to possess the said firearms The appellants and the recovered articles were taken to police station Fatehpur where Satpal Singh got report written on 29-6-1974 at 5 A. M.
(3.) DEFENCE of the appellants was that they were not arrested at the time and place alleged by the prosecution and that they were arrested from their houses. Yasin appellant stated that he was a rickshaw driver and he was arrested from village Bhagwanpur. Qurban and Islam appellants asserted that they were arrested on 25-6-1974. Nasru appellant asserted that the police was inimical to him, that he was falsely implicated in two cases-one of dacoity and another of murder in which he was acquitted. At this stage it may be indicated that Satpal Singh admitted that Nasru was acquitted in a case of dacoity and that he was also acquitted in a murder case relating to his police station. Thus the assertion of Nasru is admitted to Satpal Singh.;