Badan Singh v. State of U.P.

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Court No. - 49

Case :- CRIMINAL APPEAL No. - 1206 of 1986

Appellant :- Badan Singh and two others Respondent :- State of U.P. Counsel for Appellant :- Kundan Singh,Girish Chandra Saxena,Hari Prakash Mishra Counsel for Respondent :- A.G.A.

Hon'ble Nalin Kumar Srivastava,J.

1. This appeal arises out of impugned judgement and order dated 18.03.1986 passed by learned Additional District and Sessions Judge, Etah in Sessions Trial No. 2 of 1985 with connected Sessions Trial No.5 of 1985, under Section 25 Arms Act, Police Station Sahavar, District Etah, whereby accused-appellant has been convicted under Section 25 Arms Act and sentenced to one year rigorous imprisonment.

1. The prosecution story in brief is that on 30.5.1985 at about 10:30 p.m. the appellant no.2- Lalaman along with co-accused Badan Singh and Shyam Lal were making preparation for committing dacoity and had assembled for the aforesaid purpose with deadly weapons and in prosecution of common object of that assembly they committed rioting and also fired upon the police personnels with an intention to cause their murder. They were arrested on spot and a factory-made pistol with six live cartridges, 12 bore, country-made pistol, 12 bore with five live cartridges, 12 bore and one desi pistol 12 bore along with three live cartridges, 12 bore were recovered from the accused, Badan Singh, Shyam lal and Lalaman respectively. However, no injury was caused to any of the police personnel in the said occurrence. The fard of arrest and recovery was prepared on spot and FIR was lodged. After