KOLI BHAGU RANCHHOD Vs. STATE

JUDGEMENT

(1.) THESE appeals have been preferred by the appellants against their conviction and sentence for the offence of committing a dacoity in the village of Sanosara. Appellant 1 in Criminal Appeal No. 109, accused 1 in the lower Court, was convicted Under Section 395 read with Section 397, IPC and sentenced to seven years' rigorous imprisonment. He was also convicted of the offence Under Section 19 (e), Arms Act, and sentenced" to six months' rigorous imprisonment, both the sentences to run concurrently. Appellant 2, accused 4 in the lower Court, was convicted Under Section 395, I. P. O. , and sentenced to five years' rigorous imprisonment. The nppellant Chana Bechar of Criminal Appeal No. 112/53, accused 2, was convicted Under Section 395, IPC and sentenced to-seven years' rigorous imprisonment.

(2.) THE case for the prosecution, which is fully stated in the judgment of the Sessions Judge,. . . was the three appellants and three others, viz. , accused 3, 5 ana 6, visited the village of isanosara during the night between 16th and 17th November 1951 armed with gun, revolver and sticks. At the village gate two Pasaitas Kala and Nagdan were sleeping. They were overpowered and tied with their own turbans and their guns were taken away. The dacoits then (went to the shop of Waghji, which is close to the village gate. A petromax lamp was burning in the shop and Waghji and his brother Nanji, and Sadul, Nathu and Virji were in the shop. The dacoits entered the shop and demanded money from Waghji who gave his cash box to them. Some persons in the shop were beaten by the dacoits, who smashed the petromax lamp, and left after bolting the doors of the shop from outside. They next went to the house of Jeram. Jeram 'was sleeping in the fall of his house. In a room :in the osri were sleeping Jeram's wife, his son's wife Golal and his grandson's wife Mani. As the women did not hand over the keys of the pataras, the pataras were broken open by the dacoits and gold and silver ornaments and cash were removed from them. Thereafter the dacoits went to a room opposite in the same fali and recovered some cash from a trunk in the room. Next they went to the adjoining house of Mulji but the inmates of the house had fled. This house was also looted and gold and silver jewellery and cash were taken away. In the meanwhile the Pasaita Nagdan managed to free himself and went to Khijadia and related the incident to the Police Patel there. However he did not receive ?any assistance from the Police Patel and therefore he went to Kuvadava a village about eight or nine miles from Sanosara and at about 2 a. m. he informed the Police Naik Chana Kana at Kuva- dava that a dacoity was being committed in Sanosara. Chana tried to contact Rajkot by phone, but as the wires were cut, he was unable to do so. He therefore sent the village policeman Jasang Mangla to Rajkot. He was picked up by a milk van and taken to Rajkot where he lodged information at about 3 a. m. on 17-11-51. On that day the superior Police officers were not in Rajkot and the sub-Inspector was on leave. Therefore the Head Constable Champaksinh, who was in charge of the Police station there started for Sanosara with a police party for investigation and reached there at about 5-45 a. m. He was in charge of the investigation till 20th morning but till then he had not succeeded in obtaining any clue as regards the identity of the dacoits. When making a panch-nama of the scene of offence he found a piece of bamboo stick from the room in Jeram's fall. This fact is recorded in the Panchnama. On the 20th morning Sub-Inspector Mulubha proceeded to Sanosara. On the 21st evening he recorded the statement of Chhagan the son of Pasaita Kala. At about this time Kala left the utara where Chhagan's statement was being recorded and committed suicide near the village gate by shooting himself with a gun. This happened on the night of 21st. On the 22nd the Sub-Inspector went to Kuvadava and at night received Instructions from the Deputy Superintendent of Police and the Inspector to inquire about accused 1. Therefore the Sub-Inspector took two panch witnesses with him and went to the house of accused 5 after midnight. Accused 5 denied that accused 1 was in the house. The Sub-Inspector thereupon searched the house and accused 1 was found concealed under a cot in Osri of the house. The house was searched for stolen property and some articles of jewellery and cartridges were found. Both the accused were then taken to Rajkot that very night. Accused 2, who was in Rajkot, was called at the Police Station in the morning of 23rd for interrogation and he was put under arrest at 12 noon on that day. He then made a statement to the Deputy Superintendent of Police and other Police Officers that he had concealed mudda-mal articles of jewellery and a gun in his wadi near the lake on the outskirts of Rajkot. This statement was repeated by him before the Panchas. He then took the Police and the Panchas to his wadi and. from a spot pointed out by him two component parts of a ,12 bore gun were dug out. The third part was dug out from another part of field which he pointed out. He also pointed out another place in the Wadi from which a brass pot containing gold and silver ornaments and. 12 bore cartridges were found. The muddamal ornaments have been identified as looted property. Accused 4 was arrested on the 24th and accused 3, 5 and 6 were also arrested on the same date. An identification parade was held on the 26th at which the victims of the dacoity were made to identify the accused.

(3.) IN addition to the evidence of the eyewitnesses and the identification parade there is the further evidence of discovery against accused 1 Bhagu. His house was searched by the police on 25-11-52 and a piece of bamboo stick was recovered from the house. This piece and the other piece which was found in Jeram's room by the Head Constable Champaksinh in the morning of 17-11-51 were found to be pieces of the same stick. On 29-11-1951 the accused offered to show the police a ruin where he had buried the muddamal revolver. He took them to the ruin and from a spot which was marked with stones and which was pointed out by him the muddamal revolver was dug out. This revolver belongs to His Highness the Thakore Saheb of Rajkot and was stolen from his palace some time before December 1951. Accused 3, 5 and 6 have been acquitted and therefore we do not propose to refer to the evidence against them.