STATE Vs. KARANSINGH

JUDGEMENT

(1.) THE Additional Sessions Judge, Gwalior, convicted Karansingh 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 Code of Criminal Procedure code 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 29th March 1953 near about sun -down, some persons dressed in Khaki uniforms and armed with rifles and guns went to Police Station, Kolaras. They entered the inner courtyard of the Police Station by a back door. They were mistaken to be a police -party by the policemen that were at the Thana, but when they approached nearer and opened fire, it was then realised that they were dacoits masquarading in police uniform. Gopilal Sentry, who had 303 rifle with him, fearing that the party of dacoits had come there to rescue the undertrial 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 Police -party withdrew in order to take position and then fire. Be what it may, the Police Station was deserted. The dacoits raided the Malkhana 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 Gopilal Sentry bad 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. (Exh. P -9) in which it was recorded that Constable Kalyan Singh (P. W. 18) had recognised the accused Karansingh in the gang of dacoits that raided the Police Station. Kalyan Singh and Karansingh had been together in the A.R.P.

(3.) THE case really turns on the evidence of Kalyan Singh (P. W. 18). After telling how the dacoits entered the Thana, the witness has stated that the accused Karansingh was the fourth in the order in which the raiders entered the place. He was in Khaki shirt and shorts, and, was wearing a woollen cap and carried a 303 rifle. He had a special reason to identify the accused. Sometime in the year 1951, this witness and the accused had been together and were constables in the District Reserve Police at Shivpuri. Both resided in the quarters of the Police Lines for a period of about 6 months. This association enabled him to recognise Karansingh at once.