STATE Vs. KARAN SINGH

JUDGEMENT

(1.) THE Additional Sessions Judge, Gwalior, convicted Karan Singh son of Raghuvir Singh Rajput Under Section 302 Indian Penal Code and sentenced him to death. The record of the case has been sent to the High Court Under Section 374 of the Cr. P. C. for confirmation of the death sentence and the case is numbered as Criminal Reference No. 1 of 1958. The accused has also filed appeal No. 13 of 1958 against his conviction and sentence. Both the cases are being disposed of by a single judgment.

(2.) THE prosecution story is that on 29-3-1953 nearabout sun-down some persons dressed in Khaki uniforms and armed with rifles and guns went to Police Station Kolaras, They entered the iaier courtyard of the Police Station by a back door. They were mistaken to be a police-party by the Police men that were at the Thana, but when they approached nearer and opened fire, it was then realised that they were dacoits masquerading in Police uniform. Gopilal Sentry, who had a 303 rifle with him, fearing that the party of dacoits had crane there to rescue the under-trial prisoners, moved towards the lock-up. He was fired at and died then and there. Another person by the name Abdul Salam Constable was also killed by the dacoits. Seeing this, all the constables of the Station, including the Sub-Inspector of Police scattered in different directions. It is said that the Prjice-party withdrew in order to take position and then fire. Be what it may, the Police station was deserted. The dacoits raided the Mal-khana and breaking open the lock took away all the arms and ammunition they found there. In all, the dacoits took away three 303 rifles, including the one Gopflal Sentry had with him. Three Police musket rifles (410 Bore) were also taken away. After the departure of the dacoits, Sub-Inspector Ganpatrao Shinde and the other Police Constables returned to the Station and found Gopilal and Abdul Salam Constables lying dead. They also discovered that the Malkhana had been raided and that rifles and ammunition were missing. The Sub-Inspector (P. W. 2) wrote down the F: I. R. (Ex. P. 9) in which it was recorded that Constable Kalyan Singh P. W. 18 had recognised the accused Karan Singh in the gang of dacoits that raided the Police Station. Kalyan Singh and Karan Singh had been together in the A. R. P.

(3.) THE incident took place on 29-3-1953. The accused was arrested on 31-8-1954 near Ashok Talkies, Gwalior, by Vishnu Kumar Sub-Inspector. The accused hat; denied the commission of the offence and has pleaded that he was with his brother at Agra (U. P. ).