CHANESAR Vs. STATE

JUDGEMENT

(1.) THESE two criminal revision petitions have been filed against the judgments dated 26.11.1994 passed by the learned District and Sessions Judge, Jaisalmer in Criminal Appeals No. 5/1991 and 4/1991 filed by petitioner Barsa S/o Jumma and Chanesar S/o Janu @ Jasu respectively against the judgment of conviction and order of sentence dated 31.08.1990 passed against the petitioners by the learned Chief Judicial Magistrate, Jaisalmer in Criminal Original Case No. 172/1980, whereby the accused- petitioner Barsa was convicted for the offence under Section 13(2) read with Section 14 of the Foreigners' Act and sentenced to undergo rigorous imprisonment for one year alongwith a fine of Rs.100/- and in default of payment of fine, further to undergo simple imprisonment for one month and accused-petitioner Chanesar was convicted for the offence under Section 14 of the Foreigners Act and sentenced to undergo rigorous imprisonment for two years alongwith a fine of Rs.500/- and in default of payment of fine, further to undergo imprisonment for six months. The brief facts giving rise to the present revision petitions are that on receiving a secret information, Dy.S.P., Jaisalmer alongwith police personnel reached the house of Barsa S/o Jumma at Mauja Undai to bring him under the suspicion that he was letting a Pakistani citizen to live in his house and it was further suspected that Barsa was keeping Pakistani citizens in his house who were spying on India. When police party reached the house of Barsa, he was not found at home, but a Pakistani citizen was found there, who told that he was resident of Village Jantau Ka Tala, District Sangad, Pakistan, on which the said person was arrested and a criminal case was registered. After usual investigation, charge-sheet was filed before the competent court against petitioner Chanesar being a Pakistani citizen and against petitioner Barsa for giving him shelter.

(2.) AFTER hearing the arguments on charge, accused Barsa was charged for the offence under Section 13 of the Foreigners' Act and accused Chanesar was charged for the offence under Section 3 and 14 of the Foreigners' Act. The charges were read over and explained to the accused, to which they did not plead guilty and claimed to be tried. During the course of the trial, the prosecution to prove its case examined as many as 10 witnesses, namely, P.W.1 Jagmalaram, P.W.2 Dheer Singh, P.W.3 Shaitan singh, P.W.4 Hari Kishan, P.W.5 Kachhaba Ram, P.W.6 Kayam, P.W.7 Kareema, P.W.8 Gulab Singh, P.W.9 Mauji Ram and P.W.10 Chandrapal. The incriminating evidence adduced against the accused was put to them for their explanation under Section 313 CrPC. Accused Barsa in his statement under Section 313 CrPC stated that Chanesar is not a Pakistani citizen and he is resident of Village Kuchhadi and also that he has not kept Chanesar in his house. Accused Chanesar in his statement under Section 313 CrPC stated that he is citizen of India and resident of Village Kuchhadi and he has not committed any offence. The accused in their defence examined 6 witnesses, namely, D.W.1 Nakhat Singh, D.W.2 Jalam, D.W.3 Raj Singh, D.W.4 Omkardas, P.W.5 Ramzan and P.W.6 Deedan.