Kidwai, J.

[1] On the night between the 10th and the 11th October 1950, the three houses of Umrao Gaderia, Chutta Ahir and Tulsi Teli, facing each other in. village Bakania, were looted by dacoits said to number between 30 and 40. Pararn Sukh (P.W. 1), a neighbour, was woken up by the noise of the dacoity and went to Nimsar, where the police was posted in connection with Mela duty, for help. At the temple of Lalta Debi he met Head Constable Hem Singh and some Constables including P, W. 4, Ram Saran and told them about the dacoity. The Head Constable directed him to the Station Officer Misrikh, Sub-Inspector Ram Karan Singh (P.W. 38) who was staying in a Dharamshala nearby. The Sub-Inspector recorded a first information report dictated by Param Sukh, (Ex. 12), and proceeded to the spot immediately with the police Constables armed with muskets but they adopted different routes so as to reach the spot from two different directions.

[2] The dacoity was still in progress. There was an exchange of fire between the dacoits and the police party, Most of the dacoits managed to escape with much of the stolen property but Chunnu was beaten down with lathis and arrested on the spot with