SUNIL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellants Sunil Sindhi, Lokendra Singh both residents of Delhi Mahesh resident of Muradabad in D. B. Cr. Appeal No. 273/96 and Sunil Gupta in D. B. Cr. Jail Appeal No. 292/96 were charged and put to trial for committing dacoity along with one Joraram alias Vinod in the intervening night of 2nd and 3rd July of 1993 in the house of PW-4 Satidan Singh in village Arang District Barmer and in the course of dacoity committed the murder of Nag Singh. The Additional Sessions Judge, Barmer convicted and sentenced the appellants as follows :-

(2.) All the sentences have been ordered to run concurrently. It is also ordered that out of the recovery amount of Rs. 1,90,000/- a sum of Rs. 1,00,000/- shall be paid to the legal representatives of deceased Nag Singh. Rs. 10,000/- each shall be paid to Satidan Singh, Bhag Singh, Hanwant Singh, Sawai Singh, Dhapu and Gwari as a compensation for the injuries sustained by them.

(3.) The prosecution case is that in the intervening night of 2nd and 3rd July of 1993 the dacoity with murder took place in the house of PW-4 Satidan Singh aged 70 years in village Arang near village Rajmathia, Tehsil Shiv District Barmer. The FIR (Exhibit P-9) was lodged by PW-7 Bhag Singh at Police Station, Shiv, stating inter alia that he was sleeping at the western corner of the Dhani and his father PW-4 Satidan Singh was sleeping in front of the Dhani in the compound. His mother PW-3 Smt. Gwari aged 60 years, wife PW-1 Dhapu, brother PW-8 Hari Singh, his deceased brother Nag Singh and son PW-2 Sawai Singh were sleeping inside the dhani. He was awaken on a lathi being striked on his leg by somebody. On opening the eyes, he found three persons standing near the cot. Sooner he tried to get up one of the miscreant gave a sword blow which was warded of by him causing injuries on his thumb. The another miscreant sat on his chest and pushed cotton in his mouth. The eyes were fastened by a piece of cloth. He was tied by a rope. Thereafter, all the three miscreants having tied him with the cot placed before the rear side of the dhani. He was also given a threat of life in case of making any effort to get up. Thereafter, all the miscreants entered in the dhani and looted the property. They stayed there for about 1.30 hours. After their departure his son Sawai Singh came close to him and untied his ropes. He went inside the dhani and found Hanwant Singh and Nag Singh lying unconscious. The other persons i.e., Satidan Singh, Gwari and Dhapu were locked in a room. He broke the lock and brought them out. He found his mother Gwari lying unconscious. He was told by his wife that in total 5 persons came armed with swords, iron rods, lathis and knives. They had covered their faces by cloth, however, their eyes were open. Thereafter, he went to the Dhani of Mangal Singh. There he met with Kheem Singh and Anop Singh. He narrated the incident to them and asked them to take care of the members of his family at the dhani. Thereafter, he went to the dhani of Inder Singh. He returned to the house and prepared the list of articles missing. Kheem Singh brought the cart and took the injured persons to the hospital. However, till then Nag Singh had succumbed to the injuries. He also stated that though two accused persons had covered the faces but he could still identify them. On this information police registered a case under Sections 395, 396, 397, 302, 460, 324 and 149, IPC and proceeded with the investigation. The police prepared the inquest and send the dead body of Nag Singh for post-moretem. All the accused persons except Jor Singh alias Vinod were arrested. In spite of best efforts, Jor Singh could not be arrested. As such the charge-sheet was laid against the four accused persons.