JUDGMENT :

Raj Beer Singh, J.

1. Both these appeals have been preferred against the common judgement and order dated 16.01.1982 passed by learned IInd Additional Sessions Judge, Bulandshahar in S.T. Nos. 782 of 1980, 321 of 1981, 322 of 1981, 323 of 1981 and 324 of 1981, under Sections 399, 402 of Indian Penal Code (hereinafter referred to as 'IPC') and Section 25 of Arms Act, police station Pahasu, district Bulandshahar, whereby accused-appellants namely, Ruri, Kishore, Ranjit and Jagdish have been convicted under Sections 399, 402 IPC and Section 25 of Arms Act and they have been sentenced to undergo four years rigorous imprisonment under Section 399 IPC, three years rigorous imprisonment under Section 402 IPC and one year rigorous imprisonment under Section 25 of Arms Act. All the sentences were directed to run concurrently.

2. During pendency of these two appeals, accused-appellant No. 1 and 2 namely, Kishore and Ranjit in criminal appeal no. 156 of 1982 have passed away and thus the appeal No. 156 of 1982 in respect of said accused-appellant Kishore and Ranjit has been abated by order dated 12.07.2016 passed in criminal appeal no. 156 of 1982.

3. According to prosecution version, on 23.06.1979 a police party comprising of PW-1 S.I. Devichand, PW-2 constable Sardar Singh, PW-3 S.O. Suraj Pal Singh and some other police officials have left the police station Pahasu, district Bulandshahar at around 09.15 PM for patrolling in the area of police station. After visiting village Pitampur, Sarangpur and Nagla Hari Singh, they were proceeding towards village Lal Nair and when they reached near Dharamshala Hargyan in the jungle of village Turkipura, they heard some voice from inside the said Dharamshala and on suspicion that there may be some anti-social elements, S.I. Surajpal divided the police party into two groups and after that they saw that five persons were sitting and smoking in the veranda of said Dharamshala and the police officials heard their conversation and that one of them was saying that their companion Pahalwan has not come so far. On this, other miscreant said that house of Chhanga Khatik is situated in one side of village Turkipura and they can easily commit dacoity there. At the same time, police party challenged them and four miscreants were apprehended at the spot, whereas one of the miscreant succeeded in fleeing away from there. The identity of the miscreants, who were apprehended at the spot, was revealed that Ruri, Kishore, Ranjit and Jagdish and one country made pistol of 12 bore along with five cartridges was recovered from Kishore, one country made pistol of 12 bore along with four cartridges was recovered from Ranjit, one country made pistol along with three cartridges was recovered from Ruri and one country made pistol along with three cartridges was recovered from Jagdish. The recovered weapons were sealed at the spot and taken into possession vide recovery memo Exhibit Ka-2 to Exhibit Ka-5. Some beedis and matchbox, lying at the spot, were also seized vide seizure memo Exhibit Ka-6. Two torches were also seized vide seizure memo Exhibit Ka-10 and Exhibit Ka-11. Accused persons were brought to the police station and a case was got registered against them on 24.06.1979 at 03.15 AM under Sections 399, 402 IPC and Section 25 of Arms Act.

4. The case was investigated by PW-4 S.I. Hukam Singh. Site plan of spot was prepared and statements of witnesses were recorded and after completion of investigation, all the accused-appellants were charge-sheeted under Sections 399, 402 IPC and Section 25 of Arms Act.

5. In support of its case, prosecution has examined four witnesses. After evidence, accused-appellants were examined under Section 313 Cr.P.C., wherein they have denied evidence and claimed that they were falsely implicated. However, no evidence was led in defence.

6. After hearing and analysing evidence on record, accused-appellants were convicted by the trial court under Sections 399, 402 IPC and Section 25 of