MOHAMMAD SARDAR Vs. STATE OF H.P.

JUDGEMENT

(1.) This judgment will dispose of six Criminal Appeals, mentioned in the title cause, since all these appeals arise out of a common judgment dated November 26, 1984, in Session Trial No. 20/1983/8/1984, passed by the learned Additional Sessions Judge, Mandi, whereby he found the accused Mohd. Sardar, Lal Singh, Jiwan Lal and Netar Mani guilty for the offence under section 302 read with section 34 of the Indian Penal Code and also for the offences under sections 342 and 120 -B read with section 201 of the Indian Penal Code and sentenced each of them to undergo life imprisonment under the first count, to undergo rigorous imprisonment for six months and to pay fine of Rs. 500 and in default to undergo further rigorous imprisonment for two months under the second count and to undergo rigorous imprisonment for four years and to pay fine of Rs. 3,000 and in default to undergo further rigorous imprisonment for one year under the third count. The accused Mohd. Sardar has additionally found guilty for the offence under section 506, I. P. C. and sentenced to rigorous imprisonment for three years and to pay fine of Rs. 1,000 and in default to undergo further rigorous imprisonment for four months. He also found eleven other co -accused, namely, Ram Singh, Deepak Raj, Man Singh, Ludar Mani, Prem Singh, Devi Ram, Amar Singh, Banta Ram, Kishori Ram, Kanshi Ram and Jai Singh guilty of the offence under section 120 -B read with section 201, I.P.C. and sentenced them to undergo rigorous imprisonment for four years and to pay fine of Rs. 3,000 each and in default to undergo rigorous imprisonment for one year each. All these sentences were, however, ordered to run concurrently. Out of the fine realised, Smt. Bhuvneshwari, widow of the deceased Sheru alias Sher Singh was ordered to be paid Rs. 20,000 by way of compensation to herself and her minor children under section 357 of the Criminal Procedure Code.

(2.) The prosecution case is that in July 1983, the accused Mohd. Sardar was posted as Sub -Inspector, Incharge of Police Station, Balh at Ratti. The accused Lal Singh was working as Investigating Head Constable and the other co -accused Jiwan Lal, Ludar Mani, Netar Mani and Jai Singh were posted as constables in the said police station. A theft involving currency notes worth Rs. 6,700 and three gold ornaments, namely, nath, chak and ˜balu then took place in the house of one Kishan Chand alias Krishnoo (PW 10) in village Dadoh within the said police station on July 8, 1983. Said Krishnoo was not at home at that time as he had gone to sell milk in Sunder Nagar and was informed of the theft over there sometime in the evening. He then returned home and after verifying the factum of theft, he, next morning, proceeded to police station Balh to lodge a report. While on his way, however, he came across the accused Head Constable Lai Singh aDd three constables while they were on patrol duty and said Krishnoo then lodged a report of the theft with the accused Lai Singh. After recording this report, he sent a ruqa in the police station with one of the constables accompanying him for registration of the case while he himself went to the house of Krishnoo at village Dadoh. Said Krishnoo while lodging the report expressed his suspicion on one Dila Ram (PW 16) as responsible for the commission of this theft and the police then summoned said Dila Ram to his house on July 9, 1983 who came there in the company of one Basant Ram (PW 15) son of Longu Ram, resident of village Dhaban. Said Lai Singh after interrogating them at the house of Krishnoo then took them to the police station Balh on the same day. On the following day, that is, July 10, 1983, said Lai Singh accompanied by some constables again came to the house of Krishnoo and at that time it was pointed out to said Lai Singh that one Sher Singh alias Sheru of village Biharta was also habitual of committing such petty thefts in the area and the accused Lal Singh thus called said Sheru to the house of Krishnoo that very day and interrogated him. Meanwhile, one Nirber Singh A. S. I. (PW 19) in the police station Balh also came there and he also interrogated said Sheru and thereafter said Nirber Singh and the accused Lal Singh took Sheru to the police station Balh on the evening of July 10, 1983.

(3.) Meanwhile, said Longu Ram, whose son Basanta Ram had been taken to the police station on July 9, 1983, and was still being kept there with Dila Ram, approached Shri Prakash Chand (PW 1) in the morning of July 11, 1983, to use his good offices with the accused Mohd. Sardar for release of his son and said Prakash Chand then went to the police station Balh and requested the accused Mohd. Sardar to release said Basanta and Dila Ram. The accused Mohd. Sardar told him that they would be released after the swelling on their feet would subside. At the same time the accused Mohd. Sardar requested said Prakash Ohand to remain in the police station as he would be taken as witness of recovery since said Sheru who was also in the police station, had confessed that he had committed the offence of theft in question and had hidden the stolen articles in the nalla of village Dadoh.