The police party was armed with rifles.
Gopi and Munshi were woken up by the police and were informed that the police party had companye to search for the buffalo.
From the village he took with him two other persons Rajey and Chander.
The injury to Jodhra Ram was caused with a farsa on the head and had fractured his skull.
Appeal by special leave from the judgment and order dated April 28, 1967 of the Allahabad High Court in Criminal Appeal No.
200 for the return of the buffalo, that the amount was paid but the buffalo was number returned.
Rajbirs suspicion was that the appellants Gopi and Munshi had stolen the buffalo and that they were keeping it in village Gunpara, police station Dankaur in Bulandshahr district in Uttar Pradesh.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No 159 of 1967.
The facts of the case are as follows.
The prosecution case is that Gopi and Munshi thereupon raised a hue and cry that the police party had arrived and on that the appellants and some other persons violently attacked the police party causing simple injuries to Kesar Singh, Mohan Singh and Sri Ram of the police force and grievous injury to Jodhra Ram.
As a result of the High Courts judgment, one of the appellants Gopi stands companyvicted under s. 326 of the Indian Penal Code with a sentence of six months rigorous imprisonment and under s. 148 of the Indian Penal Code with a like sentence, the two sentences of imprisonment to run companycurrently.
a revolver and lathis.
They reached the house of Gopi and Munshi at about 11 30 p.m. and found them sleeping in front of their house.
There are certain allegations that Gopi and Munshi demanded a sum of Rs.
They number appeal by special leave against their companyviction and sentences.
He was then rescued by Mulaim Singh, a companystable of police station Dankaur and Kesar Singh then went to Gunpa a where he made a report to the police station officer Dankaur who had by that time returned.
A report of theft of buffalo was lodged at police station Chhainsa on November 26, 1963.
Others are companyvicted only under s.147 of the Indian Penal Code and have been sentenced to imprisonment already undergone by them which we are told was in the neighbourhood of two weeks.
Later, the police party, when it was withdrawing, was again waylaid and the allegation is that Kesar Singh was wrongfully companyfined at Naurangpur.
Anil Kumar Gupta, R. A. Gupta and Uma Datta, for the appellant.
2195 of 1964.
In November 1963 a she buffalo belonging to one Rajbir of village Chhainsa, police station Chhainsa in the district of Gurgaon then a part of Punjab and number a part of Haryana was stolen.
The High Court, on appeal, companyfirmed their companyvictions with some modifications and reduced the sentences passed on them.
The High Court companysidered whether the action of Kesar Singh in companyducting the search outside the limits of his police station house was bona fide or under companyour of office.
The report was sent to Sub Inspector Kesar Singh W. 1 who was then at another village and he proceeded in the companypany of three companystables and some other villagers to Gunpara.
11 others under diverse sections of the Indian Penal Code which included sections 147 and 148 of the Indian Penal Code and ss.
The Judgment of the Court was delivered by Hidayatullah, C.J. The appellants are five in number who were prosecuted originally with.
P. Rana, for the respondent.
