HARBILAS AND ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition of appeal was received in this court from Harbilas and Ramlakhan through the Superintendent, District Jail, Dholpur, where the appellants were being detained at the time to serve the sentence of imprisonment awarded to them by the trial court by its order dated March 1, 1979. They were sentenced under section 365 I P C. to rigorous imprisonment for one year and a fine of Rs. 200.00 each or in default of payment of fine to undergo further rigorous imprisonment for one month each.

(2.) The case of the prosecution which resulted in the conviction and sentence as aforementioned, was that on Sept. 24, 1975, at about 5 or 5-30 p.m. the appellants, along with four others, raided the tube-well of Murlidhar (PW. 3) and abducted him and Pratap (PW. 31 from there. It is alleged that they also removed Murlidhar's gun from his hut at the tube-well and took it away. The First Information Report of the case was lodged by Mahilal (PW. 5) the same evening at 8 P.M He mentioned in that document that the occurrence had been witnessed by him and two other persons namely, Fateh Singh and Man Singh.

(3.) The prosecution story goes that three days after the occurrence there was an encounter between the police and the culprits resulting in the exchange of fire. The culprits made good their escape taking away with them Pratap Murlidhar (PW. 2) was left behind at the scene of encounter. He narrated the circumstances under which he had been abducted by the culprits and kept in wrongful confinement for three days. His statement was recorded by the police under section 161 Cr. P.C. It is alleged that Pratap (PW. 3) remained in the custody of the accused for nearly three moats. He escaped from their custody and went to the police to narrate his story to them Harbilas and Ramlakhan surrendered themselves to the police. On investigation the police submitted a charge-sheet against Harbilas and Ramlakhan for their trial under section 364, 365 and 395 I.P.C.