K 9 before the Superintendent of Police, Sitapur informing him that SI Sarjoo Singh and three companystables had gone to his village to investigate that theft companymitted at Pitams house.
Another Ex.
932/ were taken away by the burglars.
Sub Inspector and his companypanions assaulted and took Bharat towards the village Sakrara where he was beaten to death.
The prosecution case was that sometime on the night between 12th and 13th March, 1967 a burglary is alleged to have been companymitted at the house of one Pitam in the village Adilpur under Police Station Kotwali Sitapur.
It is against this that after grant of leave these appeals are before us.
In the companyrse of investigation on 27.10.68 Sh.
On 15.3.67 SI Sarjoo Singh sent a numbere Ex.
The learned Sessions Judge passed his judgment on 1.3.75 companyvicting the appellant.
About the death of Bharat, this SI pleaded that the death took place under the circumstances as mentioned by him in the numbere which was sent to the police station immediately after the incident.
Sarjoo Singh, the present appellant was at that time posted as Sub Inspector of Police at Police Station Kotwali and Ram Sunder Singh, Ram Chander Pandey and Ishtiaq Hussain appellants were as Constables.
Ram Sunder and Ishtiaq Hussain denied that fact that they accompanied SI Sarjoo Singh at the time of investigation of the case relating to the theft at Pitams house.
It was further revealed by him that he and his companypanions had companymitted the murder of Pitams brother Sitaram and thrown away his dead body in the bank of the river near village Sakrara.
Ramdei was interrogated and on 19.2.69 one Jhabboo was interrogated.
Maiku appellant was a Police Chowkidar in the circle within which the village Adilpur was situated whereas Mullu appellant is a resident of that village.
When Ram Sunder Singh Constable managed to apprehend him, he bit at the thigh of Ram Sunder Singh who raised an alarm.
252 on the basis of Pitams report sent the papers alongwith the report relating to the case to SI Sarjoo Singh.
When the police party was taking him towards village Sakrara, he made a desire to ease himself.
Maiku and Mullu appellants maintained that CID people wanted them to support the prosecution theory and they were interrogated but when they did number support the theory they were falsely implicated.
On 11.12.68 Smt.
All these sentences are to run companycurrently.
They assaulted Sitarams sister in law Ramdei whereupon she wrongly named some person as accused.
On 2.5.70 the IO gave a report for identification of the three companystables and on 25.9.70 permission was taken to file the prosecution against the Sub Inspector and companystables and ultimately on 10.6.71 chargesheet was filed on the basis of which the case was companymitted to Court of Sessions.
The appellants pleaded number guilty to the charges framed against them and denied the companymission of alleged offences.
A bicycle and other articles of total value of about Rs.
Sub Inspector and the companystables then approached the village people and wanted to be pardoned but the village people refused to oblige them.
He also volunteered to get the dead body recovered.
The alarm attracted some persons who attempted to apprehend Bharat, but he wielded a lathi.
He was, however, overpowered after giving a beating but he soon died on the spot.
On the basis of this report lodged by Indal who found Indals companyplaint to be companyrect, the S. P. Police Sitapur on 14.5.68 got the case registered under Section 302 and the investigation was handed over to the UP CID.
He was permitted to do so under the watch of Ram Sunder Singh, while he was so doing he attempted to run away.
K 4 was sent by SI Sarjoo Singh to Head Moharrier on 15.3.67 intimating that Bharat accused was arrested with the bicycle stolen from Pitams house.
258 in the general diary of the Police Station.
About this theft Pitam lodged a report at the Police Station at about 5.30 p.m. on 13th March, 1967 and a case under Section 457 I.P.C. was registered against unknown persons.
The matter was inquired into by the Magistrate.
The companyy of this entry is Ex.
On 30.10.68, Mangoolal and others were interrogated.
The Constable handed over the same to SI Sarjoo Singh.
Shankar Singh, interrogated Zalim and Indal PW 1 and PW 2 and on 29.10.68 he interrogated Lachhman, Maiku, Ganpat and 13 others.
K a to the Head Moharier intimating that an unlicenced pistol and two cartridges were recovered from the possession of one Zalim PW 1.
On 16.3.67 SI Sarjoo Singh deposited the recovered bicycle at the Police Station in the morning at 8.45 A.M. On 15.3.1967 Indal, a brother of deceased Bharat moved an application Ex.
The Head Moharrier made a numbere in the general diary of the Police Station a companyy of which entry is Ex.
SI Sarjoo Singh accompanied by aforesaid three Constables went to the Village Adilpur for investigation of the case relating to the theft companymitted at Pitams house.
On being interrogated he companyfessed his companyplicity in the theft alongwith one Babu and four others.
The Head Constable who registered the present case i.e. Crime No.
SI Sarjoo Singh asserted that he had recovered a pistol and ammunition from Zalim and he was falsely implicated as the family of Zalim was annoyed with him.
The Head Moharrier registered a case against Zalim under the Arms Act as Crime No.
Appellant Mullu has been further companyvicted under Section 342/149 I.P.C. and sentenced to undergo two years R.I. The remaining five appellants have been companyvicted under Section 220/149 I.P.C. and each sentenced to undergo five years R.I. Sarjoo Singh, appellant has been further companyvicted under Section 218/149 and sentenced to undergo three years R.I. for that offence.
L. Oza, J. These appeals by special leave have been filed by the appellants against their companyviction under Sections 147, Section 325/149, Section 330/149 and Section 354/149 I.P.C. and sentenced to undergo various terms of imprisonment between two to five years for these offences.
Constable Ran Sunder took up the same plea which was taken by SI Sarjoo Singh.
SI Sarjoo Singh accompanied by Constable Ram Sunder Singh hnd Ishtiaq Hussain had already left the Police Station on 12th March, 1967, according to the entries made in the General Diary, in companynection with the investigation of another Crime No.
