SULE KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant Sulekhan has been convicted by the learned Additional Sessions Judge No. 1, Alwar, under section 395/397 and section 396 I. P. C. and sentenced respectively to rigorous imprisonment for 7 years and a fine of Rs. 100.00 or in default further rigorous imprisonment for life and a fine of Rs. 100.00 or, in default further rigorous imprisonment for one month. The two sentences were ordered to run concurrently.

(2.) The case of the prosecution may be shortly stated here. Dacoits 9 or 10 in number raided the house of Basanta, resident of village Dingli, District Alwar, on the night between Feb. 2 and 3, 1974, at about 11 p. m. They woke up Basanta and told him that he was required to be taken to the police station as he wanted by the police. Mean while Basanta's son Matadin also woke up and came there. Basanta became suspicious and expressed his apprehension that the intruders were dacoits. Basanta's other son namely Rati Ram, who was sleeping nearby, also woke up. Matadin and Rati Ram offered resistance to the intruders. The dacoits shot dead both Matadin and Rati Ram. In the resulting confusion, they also shot dead one of their own companions and left the dead body behind. They ran away without being able to remove any property from the house of Basanta.

(3.) Appellant Sulekhan was arrested by the Laxmaogarh police in some other case on Nov. 25, 1977. He was taken into custody by Kotkasim police who were incharge of the present investigation on Nov. 28, 1977. He was sent to the judicial lock-up on Dec. 2, 1977. The test identification parade was held in Jail premises on Dec. 7, 1977. It is alleged that P Ws Basanta and Prabhati correctly identified Sulekhan as one of the dacoits in the course of the said parade.