JUDGEMENT :- Ali Jan and Mahadeo, residents of village Birampur, Police Station Mitauli, in the district of Kheri who were tried along with eight other persons have both been convicted for offences under Ss. 399 and 402 of the Indian Penal Code and S. 25(1)(a) of the Arms Act, the other co-accused being acquitted. For the offence under S. 399 they have each been sentenced to seven years' rigorous imprisonment, for the offence under S. 402 to five years' rigorous imprisonment and for the offence under S. 25(1)(a) of the Arms Act to 2 years' rigorous imprisonment, the sentences being ordered to run concurrently.

2. The prosecution case is that on the 13th of April, 1964 at about 6.45 P.M. Sub-Inspector V.D. Yadav (P.W. 15), Station Officer in charge Police Station Mitauli. received information from an informant that a dacoity was going to be committed at the house of one Paragi Gadaria in village Bojhia and that a gang of dacoits would collect for the purpose the grove of one Cheta Raidas in village Ghuraipurwa. Sub-Inspector Yadav made an entry as to it in the general diary. Soon after be deputed two Constables Shambhu Dayal and Nizamuddin to go to village Bojhia as a pre-autionary m

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