GOPAL SINGH Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal filed by one of the accused persons, who have been held guilty by the trial court for committing an offence under Section 395, 396 and 460 of the Indian Penal Code.

(2.) THREE accused persons, namely, Yakub Khan, Mohan Lal and Prabhu Singh were tried separately. Out of them, accused Yakub Khan was acquitted of the charges levelled against him, i.e. Under Section 395, 396 and 460 IPC and accused Prabhu Singh and Mohan Lal were tried and were convicted under Section 395, 396 and 460 of the Indian Penal Code, vide judgment dated 16.03.1992 of District & Sessions Judge, Pali. Further, on appeal in DB Cri. Appeal Nos. 145/1992, 316/1993 and 82/1992, the appeal against the acquittal of Yakub Khan was rejected and while deciding the criminal appeal No. 145/1992 and 316/1993 the Division Bench of this Court affirmed the order of the learned District & Sessions Judge, Pali regarding the conviction and sentence awarded to both the accused appellant Prabhu Singh and Mohan Lal. Thereafter, the two accused persons were tried separately, namely, Vikram Singh and Sharifa and both of them were convicted by the court of Addl. District & Sessions Judge (Fast Track), Pali dated 28.06.02, out of which Sharifa did not chose to appeal and accused Vikram Singh preferred an appeal as DB Criminal Appeal No. 525/2002, which was decided by the Division Bench of this Court vide judgment dated 17.08.05.

(3.) DURING the course of investigation, the accused were arrested and in pursuance to the information of present appellant, recorded under Section 27 of the Evidence Act a 'sariya' was recovered by PW/52 Ganga Charan, Circle Officer and, after usual investigation a charge sheet was filed in the court of Munsiff cum - Judicial Magistrate, Sojat, from where the case was committed to the court of Sessions Judge, Pali. The accused appellant absconded for a very long period and ultimately was produced before the court, after arrest by Delhi Police on 15.10.2007. A report was produced in the court of Sessions Judge, Pali that accused Gopal Singh had absconded from the judicial custody. He had been in the judicial custody from the date of arrest, to the date of absconding, in the month of September, 1994.