Hon'ble Arvind Kumar Mishra-I,J.

By way of instant criminal appeal, challenge has been made to the validity and sustainability of the judgement and order dated 18.06.1986 passed by Ist Additional Sessions Judge, Etawah in Sessions Trial No. 205 of 1984 (State Vs. Udai Narain and another) connected with Sessions Trial No.205A of 1984 (State vs. Jai Narain), arising out of Case Crime No.115, Police Station- Bakewar, District- Etawah, whereby the appellants- Jai Narain and Ram Darshan- have been convicted and sentenced to undergo 1 year R.I., 3 years R.I. and 1 year R.I. under Sections 148, 307 read with Section 149 IPC and Section 25(i)(a) India Arms Act, respectively. All the sentences have been directed to run concurrently.

2. Appropriate to mention that during the course of appeal appellant no.1 Udai Narain expired, therefore, his appeal stood abated against him vide order of this Court dated 05.12.2017.

3. Brief facts of the prosecution case, as discernible from record, is that the appellants were caught by the police on 08.04.1984 at 12.45 A.M. at the place, 10 to 15 steps towards southern side of the Mahuwer Devi temple within the vicinity of village Andawa in police circle Bakewer, district Etawah by the first informant- S.I. S.N. Mishra and colleagues, who formed a raiding party. As per the first information report, Exhibit Ka-2, the report was lodged at Police Station- Bakewar at 03.45 A.M., the very same day (08.04.1984) at case crime no.115 of 1984, under Sections 147, 148, 149, 307 and under Section 25 Arms Act. Allegations have been made to the import that on the tip off information received around 10 P.M. in the night 7.4.1984 that a gang of Udai Narain and Ajeetmal gang comprising of 8 to 9 persons, is present near Mahuwer Devi temple within the vicinity of village Andawa. This information was also sent to another police station- Ajeetmal, district- Etawah and extra force was sought through RT Set, and two police raiding party was constituted one under supervision of the informant S.I. S. N. Mishra (P.W.1) and the another party was headed by S.I. Rampal Singh, consisting of force of police station Ajeetmal. They proceeded towards the Mahuwer Devi temple and on being pointed out by the Mukhbir, and the police party also noticed presence of some persons near Mahuwer Devi temple, challenged the miscreants, whereupon, the miscreants fired on them, but the police party somehow escaped unhurt. The police in retaliation and self defence opened fire, which created stampede amongst the miscreants. They tried to run away to ensure their escape from the spot, however, they were chased at a distance of 15 to 20 steps towards southern of the temple. The police party caught three miscreants (Udai Narain, Ram Darshan and Jai Narain) around 12.45 A.M. on 08.04.1984. On inquiry being made the name of the present three appellants were disclosed. The police recovered certain arms and live cartridges and empty cartridges from their possession and in the torch light prepared the memo of arrest and seizure and took the appellants along with the recovered goods/arms to the police station- Bakewer and lodged the report around 03.45 A.M. On 08.04.1984, which was noted at case crime no.115 of 1984 under aforesaid sections of Indian Penal Code and Arms Act.

4. The investigation ensued and was taken over by S.I. R.N. Shukla P.W.3, who inspected the spot after recording the statement of the informant and the concerned Constable and after noting contents of the FIR and the concerned G.D. Prepared site plan (Exhibit ka-4) and also obtained sanction for prosecution of the appellants from District Magistrate, Etawah. Order of District Magistrate, Etawah in respect of the sanction against all the three appellants are Exhibit Ka-5 to Exhibit Ka-7.

5. Upon completion of the investigation, charge-sheets (Exhibit Ka.8 to Ka. 11) were filed against the appellants under aforesaid sections of Indian Penal Code and Arms Act. The committal proce