STATE Vs. MANKA RAMDAYAL SONAR

JUDGEMENT

(1.) THE Respondents Manka and Mangal Singh, along with the accused Dharam Singh (against whose acquittal the State Government has not come up in appeal), were prosecuted for offences punishable under Section 395 read with Section 397 of the Indian Penal Code in the Court of the Second Additional Sessions Judge, Sagar. The Additional Sessions Judge, by his judgment dated 17th February 1958, acquitted all of them. This appeal has been filed by the State Government against the acquittal of the Respondents Manka and Mangal Singh.

(2.) THE prosecution case, in brief, is as follows. The Respondents Manka and Mangal Singh, along with the accused Dharam Singh (who has also been acquitted), one Ajuddhi (who is absconding), Ranjit Singh and Ramdina (who are dead), went to the village Barodia Gosain at about sunset on 5th December 1956. They were armed with guns and dressed in khaki. They rounded up all the villagers who met them on the way. They made Sitaram (P. W. 2) and Chaturbhuj (P. W. 12) lead the way and show them the house of Rajaram (P. W. 4), the village paid. Id front of the house of Rajaram (P. W. 4), the villagers were asked to sit, and one of the dacoits was posted to keep a watch over them. Rajaram (P. W. 4) was then called out of his house, and a sum of Rs.10,000 was demanded from him. On his expressing his inability to pay the said amount, his gold ring was taken away,from him. Two of the dacoits then took him inside the house, beat him with the butt end of a gun and threatened to burn him alive by pouring kerosene oil over his body. He was crying aloud and his cries were heard by the people sitting outside. Two of the other dacoits entered the house of Dangal Singh (P. W. 3), the mukaddam of the village, and came out with a gun as their booty. The same two dacoits then entered the house of Sitaram (P. W. 2) and brought out from it a bag and axe. While the dacoits were ransacking the houses of Dangal Singh (P. W. 3) and Sitaram (P. W. 2), two of the armed dacoits were on watch outside. After the aforesaid loot, all the decoits decamped.

(3.) DURING the investigation, the Respondent Mangal Singh made a statement to the police, vide Ex. p -7 in pursuance of which a gun (Art. E) was seized vide Ex. p -15 from karenda bushes on the bank of a nala. This Respondent was also found to have sold a pair of todals (Art. B) to Jairam (P. W. 6) along with certain other ornaments on or about 6th May 1957. Jairam (P. W. 6) had melted all the ornaments except the pair of todals which were seized from his possession, vide Ex. p -12. These pair of todals were identified by Sitaram (P W. 2) and his mother Rani Bahu (P. W. 21) as belonging to them.