LEKH RAJ Vs. STATE

JUDGEMENT

(1.) These four connected appeals (Criminal Appeals Nos. 233, 327, 328 and 329 of 1959) relate to the same occurrence and will, therefore, be disposed of by one judgment.

(2.) The prosecution story in short is that on the night between the 19th and 20th of October, 1958 Sub-Inspector Mehnga Ram P.W. 6 along with his Assistant Sub-Inspector and some foot constables was patrolling the city of Rohtak. When they came to the civil lines side and near the Gandhi Camp, they met Bhagwan Dass P.W. 2 who was checking the watch in the locality. The Sub- Inspector invited Bhagwan Dass to join the party. They then came towards the city and near Dhobi Gate they met Bhagwana P.W. who was similarly on the beat and who also joined the police party. When this party reached Mohalla Garhi they heard some noise coming from the side of a house nearby. The Sub-Inspector Shri Mehnga Ram flashed his torch and saw some persons standing there; one of them was, however, sitting and trying to make a hole in the wall of the house. Mehnga Ram fired a shot in the air from his service revolver and called upon the persons to stay where they were and to raise their hands otherwise they would be shot dead. On hearing this noise Gordhan, Sher Singh and Jodha prosecution witnesses who are residents of the locality also came there and the entire party thereupon surrounded the five persons found at the spot. The Sub-Inspector searched them and found a loaded pistol in the had of Lachhman accused. It was immediately unloaded and the cartridge was taken out. Another pistol was found on the person of Mohar Singh in his right dub along with six cartridges. They were also taken possession of. Sital accused had a jhola under his right arm and form his jhola another pistol with four cartridges was recovered. Near the place where Tara Chand was standing a phali was found lying on the ground; Lekh Raj accused had, however, only lathi in his hand. In the wall was found an incomplete hold 1 3/4'x 1'. The learned Additional Sessions Judge, Rohtak, who tried the case believed the prosecution witnesses and convicted all the five accused under sections 399 and 402, Indian Penal Code, imposing on them a sentence of five years' rigorous imprisonment on each count; the sentences to run concurrently. The plea in defence put forward by the accused that they were arrested not at the spot but elsewhere and were falsely implicated, was negatived by the trial Judge.

(3.) Mr. Shamair Chand has appeared in support of the appeals by Lekh Raj and Tara Chand and Mr. S. S. Mahajan, has argued the appeals on behalf of Lachhman, Mohar Singh and Sital. I have been taken by the counsel through the evidence of the prosecution witnesses but on going through the evidence I have not the slightest hesitation in upholding the conviction of all the accused- appellants. The minor discrepancies as to where the accused or some of them were actually standing at that time are, in my opinion, wholly immaterial and do not, in any way, discredit the prosecution version and its essential particulars. Mr. Shamair Chand tried to make a point out of the fact that on Tara Chand's search a watch and sweets were found, the point being that person who goes out to commit dacoity would not carry with him a watch and sweets. I do not see on what basis the counsel has advanced this argument. The dacoits might well take to have a watch with them to know the time so that they may decide when to start their nefarious activities and when to stop or to escape. Similarly the possession of sweets does not in any way negative the desire to commit dacoity.