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This is a charge sheet submitted by the Police Sub- Inspector, Upparpet police station against accused No.1 to 3 for the offences punishable under Sections 399, 402 IPC.

2. The facts of the case of the prosecution are as follows.-

That on 05.03.2017 night at about 09.30 hours while PW1 - Narayani, PSI, Upparpet police station was in patrolling duty he received a credible information that some 4-5 persons have assembled armed with the deadly weapons near Central College Gate coming under the jurisdiction of Upparpet police station and making preparation to commit dacoity of public. Immediately, he went to the police station and secured CW2-Naveen and CW3- Krishna and his staff CW7-Akram, CW4-Harish and told them which he has received the information, he requested CW2 and 3 to co-operate as panchas at the time of raid, CW2 and 3 agreed to co-operate as panchas. Thereafter, himself along with his staff, panchas went to the place and stopped the vehicle at some distance and watched the behaviour of the persons standing near Central College Gate, when he confirming that those persons making preparation to commit dacoity. Immediately, he rushed towards those persons along with his staff, surrounded the accused persons and apprehended 4 accused persons, one of them escaped from the place, and when he searched the body of the persons he recovered one knife, one iron rod and 3 wooden clubs and recovered the same under panchanama in presence of CW2 and 3, thereafter he came to the police station and submitted the report before PW3-Smt. Kathyayini. This witness has also identified the material objects that were seized under Ex.P1 and he has also identified the 3 accused persons. Based on this report, crime No.60/2017 came to be registered against the accused persons for the offence punishable under Sections 399, 402 IPC.

3. After completion of the investigation, charge sheet came to be submitted before the committal court against the accused No.1 to 5. The committal court took cognizance of the offences and committed the case. After committal, the case has been made over to this court for disposal. The accused No.1 and 2 are on bail and accused No.3 is in judicial custody. After perusal of the materials available on record and after hearing the advocate for accused and the Public Prosecutor the charges were framed for the offence punishable under Sections 399, 402 IPC. The accused No.1 to 3 denied the charges levelled against them and they claimed to be tried. After securing the case properties, case was posted for trial.

8. Points No.1 & 2:- The points No.1 and 2 are interconnected with each other, hence for the sake of convenience, I would like to take down these points together for discussion and answer.

9. It is the case of the prosecution that on 05.03.2017 night at about 09.30 hours while PW1 - Narayani, PSI, Upparpet police station was in patrolling duty he received a credible information that some 4-5 persons have assembled armed with the deadly weapons near Central College Gate coming under the jurisdiction of Upparpet police station and making preparation to commit dacoity of public. Immediately, he went to the police station and secured CW2-Naveen and CW3-Krishna and his staff CW7- Akram, CW4-Harish and told them which he has received the information, he requested CW2 and 3 to co-operate as panchas at the time of raid, CW2 and 3 agreed to co-operate as panchas. Thereafter, himself along with his staff, panchas went to the place and stopped the vehicle at some distance and watched the behaviour of the persons standing near Central College Gate, when he confirming that those persons making preparation to commit dacoity. Immediately, he rushed towards those persons along with his staff, surrounded the accused persons and apprehended 4 accused persons, one of them escaped from the place, and when he searched the body of the persons he recovered one knife, one iron rod and 3 wooden clubs and recovered the same under panchanama in presence of CW2 and 3, thereafter he came to the police station and submitted the report before PW3-Smt. Kathyayini. This witness has also identified the material objects that were seized under Ex.P1 and he has also identified the 3 accused persons. Based on this report, crime No.60/2017 came to be registered against the accused persons for the offence punishable under Sections 399, 402 IPC.

14. I have carefully gone through the entire charge sheet materials. Keeping in view, the rival contention of both the sides, I proceed to answer the points for consideration. In this regard, I will now consider what the witnesses have stated before the court.

15. CW1 - Narayani, PSI was examined as PW1. In his evidence he has deposed that on 05.03.2017 night at about 09.30 hours while PW1 - Narayani, PSI, Upparpet police station was in patrolling duty he received a credible information that some 4-5 persons have assembled armed with the deadly weapons near Central College Gate coming under the jurisdiction of Upparpet police station and making preparation to commit dacoity of public. Immediately, he went to the police station and secured CW2- Naveen and CW3-Krishna and his staff CW7-Akram, CW4-Harish and told them which he has received the information, he requested CW2 and 3 to co-operate as panchas at the time of raid, CW2 and 3 agreed to co-operate as panchas. Thereafter, himself along with his staff, panchas went to the place and stopped the vehicle at some distance and watched the behaviour of the persons standing near Central College Gate, when he confirming that those persons making preparation to commit dacoity. Immediately, he rushed towards those persons along with his staff, surrounded the accused persons and apprehended 4 accused persons, one of them escaped from the place, and when he searched the body of the persons he recovered one knife, one iron rod and 3 wooden clubs and recovered the same under panchanama in presence of CW2 and 3, thereafter he came to the police station and submitted the report before PW3- Smt. Kathyayini. This witness has also identified the material objects that were seized under Ex.P1 and he has also identified the 3 accused persons. Based on this report, crime No.60/2017 came to be registered against the accused persons for the offence punishable under Sections 399, 402 IPC.