RAM KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) APPELLANTS Ramkumar and Ramjvan have preferred this appeal against the judgment dated August 20, 19/5 of the learned Additional Sessions Judge, Churu, convicting and sentencing them as under: Ramkumar Under Section 147 IPC 1 yr. R.I.342 IPC 2 yrs. R.I.323 IPC 1 yr. R.I.395 IPC 4 years R.I. and a fine ofRs.500/ in default 6 months R.I.Ramjyan 147 TPC 1 yr. R I.332/151 1 yr. R.I.323/149 6 months R.I.395 IPC 4 yrs. R.I. and a fine of Rs.500/.in default 6 months R.I. The substantive sentences of both the appellants were directed to run concurrently.

(2.) BRIEFLY stated the prosecution case was this. On the night intervened 8 -7 -1973 bus No. RSM 72 0 left Bikaner at 10 p.m. for Jaipur. The driver ano the conductor of the bus were Chhutan Khan and Devi Singh respectively. The bus arrived at Dungargarh bus stand at about 11.20 p.m. About 35 persons including PW10 Subhash, PW12 Gopal Chaudhari also boarded the bus. It then proceeded further. However, as soon as the bus stand appellant Ramkumar also boarded the bus and began to smoke a 'bus'. PW9 conductor Devi Singh requested him not to smoke and enquired whether he had put chased the ticket Ram Kumar refused to purchase the ticket and to stop the smoking. Devi Singh then got the bus stopped and asked Ramkumar to get down firm the bus. The other passengers also requested Ramkumar to leave the bus or to purchase the ticket. Ramkumar began to abuse Ganeshram and Gopal who requested him to purchase the ticket the leave the bus. Ramkumar they dragged Gopal away from the bus and organ to (sic)beat him. Devi Singh and other passengers also got down from the bus and third to intervene Ram Kumar also gave fist blows to them. At that time Ramjyan and others seven in number came there and all of them including Ramkumar began to give a beating to Devi Singh, Gopal and Ganesh. Chhutan Khan driver was also beaten Some how the three injured Devi Singh, Gopal and Ganesh the entered the bus but all the accused also boarded the bus and again began to beat them. A purse containing about Rs.195/ - was hanging from the neck of Devi Singh and that was taken away forcibly by Ramjyan and Ramkumar A wrist watch and about Rs. 170/ - were taken by somebody from Gopal and Ganesh was robbed of Rs. 645/ - by the accused. The his was then taken to police station Dungargarh and report Ex P 11 was orally lodged by Devi Singh. A case under Section 325, 147 and 323 IPC was registered. The injured was medically examined. The recovery of the stolen property could not the effected After con pie ting the usual investigation the challan was filed agins eight accused persons, viz, Ram kumar, Ramjyan Ramchand, Narayn Ghana Shiv Prasad, Hanuman Prasad, Bijra Lal and Subhkaran in the court of Munsif Maistrate, Ratangarh who committed the case to the court of sessions. Charges under Sections 147, 332, 397 and 395 IPC were framed against then. The accused pleaded not guilty and claimed trial The prosecution examined a number of witnesses but PW 1 Laxmandas, PW2 Mohan, PW3 Devaram, PW4 Asu Singh and PW6 Banshilal did not support the prosecution case and turned hostile. PW11 Chhutan Khan, driver of the bus also did not support the prosecution case as alleged. The learned Additional Sessions Judge believed PW9 Devi Singh to convict the two appellants and further got support from the statements of PW10 Subhash and PW12 Gopal Choudhary. The learned Additional Sessions Judge also held that bus No. RSM 7240 belonged to Rajasthan State Roadways, a Corporation created under a statute and owned by the State Therefore, he conductor and the driver of the bus were public servants within the meaning of Clause 22 of Section 21 IPC.

(3.) I am, therefore, of the view that in the absence of a previous test identification parade, it is rot safe to rely on the statement of PW9 Devi Singh and his identification of the appellants at the trial is of little value. The prosecution therefore, could not prove its case beyond reasonable doubt against the appellants and they are entitled to acquittal.