JUDGMENT

H. C. Pati Tripathi, J. - Criminal Appeal No. 2525 of 1963, filed by Het Ram and Criminal Appeal No. 92 of 1964, filed by Likhi, Fatte and Parshadi, are directed against a common judgment of the learned Civil and Sessions Judge of Bulandshahr, whereby he has convicted the appellants of an offence under Section 396 of the Indian Penal Code and has sentenced them each to undergo imprisonment for life.

2. The prosecution story may be stated briefly. Sub-Inspector Balbir Singh Chauhan, station officer of P. S. Siana, received information that an armed dacoity was to be committed in village Sathela, five miles to the west, within his jurisdiction. He made an entry about this information in the general diary and collected his force and having armed themselves with guns, revolvers, very light pistols and torches, the party proceeded towards the village. In the way, they collected some constables and men of the public from the police out-pot, Bhawan and then the party reached the outskirts of village Sathela at about 10-30 p.m. and stationed themselves in a Dharamshala. From there some members of the party, Sub-Inspector Khananpal and head constables Hukam Singh and Abdul Salam were sent to the Abadi of the village to trace out the person who was to be the victim of the dacoity. When Sub-Inspector Khananpal and the two head-constables had reached the Abadi of the village, they happened to meet Faqir Chand and Ramnath Nagar who informed them that a dacoity was being committed at the house of Faqir Chand. This information was immediately communicated to the main police party at the Dharamshala and then the entire force was divided into three groups led by Sub-Inspectors Balbir Singh Chauhan, Parmeshwari Lal and Khananpal respectively. The entire police party proceeded with Faqir Chand to his house and in the way Sub-Inspector Chauhan learnt from him the topography of the place of dacoity. Faqir Chand and his uncle Raghunath Prasad lived in two portions of the same house. Just to the east of Faqir Chands house there is a lane about six feet wide and thereafter is situate his cattle-shed and to the north-east at a distance of about 15 yards lies the house of Mohan Nai. In front of Faqir Chands house there is an open space and a raised platform. On the day of the occurrence a number of Makka bundles were stacked to the north-west of Faqir Chands house at a distance of about 16 yards. When the police party arrived at the place, they found that 15 or 16 miscreants were committing dacoity at the house of Faqir Chand. Some 11 or 12 of them were standing in the outer courtyard flashing their torches in all directions and the rest were going in and coming out of the house. According to the settled plan, Sub-Inspector Chauhans party took up position behind the cluster of Makka bundles, while the party led by Sub-Inspector Parmeshwari Lal went on the roof of the house of Mohan Lal. Khananpal and his men ascended the roof of the cattle-shed of Faqir Chand. Constable Kiratpal, who was in the group of Sub-Inspector Balbir Singh, flashed his torch towards the dacoits who retaliated with a gunfire. At this juncture, Sub-Inspector Khananpal started repeatedly firing from his very light pistol illumining the whole scene and all the three groups began firing towards the dacoits. The encounter continued for some time and four of the dacoits were shot dead at the spot and some members of the police party also received injuries. The other dacoits, however, managed to escape, some by going over the roof of the house and jumping to the south and others by running away through the lane. The dacoits who had died at the spot were subsequently identified by the villagers of the locality as Mullu Lohar, Ramdass, Vijaipal and Har Swarup residents of various villages lying within the jurisdiction of police station Siana and the neighbouring police station of Golaoti. Three country-made pistols, one from each, were recovered from the person of Mullu, Ramdass a