MODAN SINGH Vs. STATE

JUDGEMENT

(1.) Modan Singh has been. convicted by S. Mehar Singh, Additional Sessions Judge, Bhatinda, under Sections 394/397 read with section 75, I.P.C. and has been sentenced to 10 years' R.I. He has appealed from jail.

(2.) We have gone through the record of the whole case with the help of Mr. Moti Ram, counsel for the State and on consideration of all facts and circumstances, we are of the opinion, that the case against the Appellant has not been proved beyond doubt. As shall be shown hereafter, one of the reasons why we cannot maintain the Appellant's conviction is that the case was not properly conducted in the trial Court and important evidence bearing upon the identification of the Appellant was not produced. It is a pity that even the learned Sessions Judge did not apply his mind to the facts of the case and probably contented himself by merely recording the evidence rather than in taking intelligent interest in the proceedings.

(3.) The prosecution case is that three persons came to the house of Jaimal Singh P.W. 5 on 5th Bhadon, 2006 at about 4 P.M. Jaimal Singh's son Puran Singh was at that time at his shop, which is about 100 karams from the house. Jaimal Singh appears to be an old man. His age as recorded by the Sessions Judge is 60/77 years. It is alleged that the culprits dragged Jaimal Singh inside his house and asked him to surrender whatever he had on the pain of being put to death. On his refusal to disclose anything he was given a beating. Then the culprits started searching for the valuables and removed ornaments from the persons of Jaimal Singh's two daughters-in-law, namely Nihal Kaur and Mst. Gurdev Kaur P.Ws. 6 and 7 respectively. Hearing the outcry raised by Jaimal Singh, Puran Singh came running to the house but as soon as the culprits spotted him he was asked to make himself scarce otherwise he would be shot at. On this Puran Singh hurried to the village and informed the lambardars and others. Some of the persons of the village who had gun licenses fired shots in the air. In the meanwhile the culprits, who had succeeded in collecting sufficient booty, made good their escape. Puran Singh went to the nearest railway station and sent a telegram to the police station, Bhatinda. After sending the telegram he returned to his house and as he was informed by his people that the robbers had taken away valuable property including currency notes and Jewellery, he went to the police station and there lodged a report. Inspite of the fact that the Police Officers proceeded to the spot without delay and took up the investigation of the case, nothing happened till the 20th Sept. 1950 when Modan Singn was arrested by some officer attached to the Rama Police Station. A parade for his identification by Jaimal Singh and other inmates of the house, was held on the 26th and the case against him was put in Court.