STATE OF UTTAR PRADESH Vs. KALI RAM
LAWS(ALL)-1984-8-30
HIGH COURT OF ALLAHABAD
Decided on August 30,1984

STATE OF UTTAR PRADESH Appellant
VERSUS
KALI RAM Respondents

JUDGEMENT

R.B.LAL, J. - (1.)This appeal by State of U.P. under section 378 Cr. P. C. is directed against the judgment and order of Additional District and Sessions Judge, Bijnor dated 19.2.77. acquitting the accused respondent of an offence under section 412 I.P.C.
(2.)On the night between 20th and 21st November, 1974 a dacoity was committed at the house of Punna Singh in village Peeli Bahar within police station Shiampur, District Bijnor. The dacoits, inter alia looted a licenced l2bore-single-barrel gun no. 1162 belonging to Punna Singh On 1/2/1975 Shri Bheem Sen. Station Officer, Police Station Shiampur (P.W.-17) received information that Kali Ram, resident of Tanda Bhagpat would come to jungle across the river Ganga carrying the gun looted in the dacoity of village Peeli Bahar. The station officer made a note of this information in the general diary at 5 P.M. and proceeded to arrest Kali Ram. On the way, from the tea stall of Bhagwat, he picked up two public witnesses namely, Bakhshish Singh (P.W. 11) and Mohan Singh (P.W.-16). The party went to an island which lay across the river Ganga and the Pili Nadi and hid itself. About 10 and 12 minutes later, i.e. at about 5.45 P.M. two persons came to the island. One of them was carrying a gun: The party challenged those persons and managed to arrest the one who was carrying the gun. He was Kali Ram, the present accused-respondent. The gun was found to be the gun which had been looted from the house of Punna Singh. Five live cartridges were recovered from the right pocket of the coat of Kali Ram. The usual Fard was prepared and the article) were sealed.
(3.)After completing investigation the Police submitted chargesheet against Kali Ram.


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