LAJUA @ LAJJA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal under Sec. 374 of the Code Criminal Procedure is directed against the judgment of conviction and order of sentence dated 26.11.2001 passed by the learned Special Judge, Dacoity Affected Area Court, Dholpur convicting the accused appellant for offence under Sections 395 and 398 Penal Code and sentencing him to undergo seven years' rigorous imprisonment on each count with fine.

(2.) Briefly stated the facts giving rise to the instant appeal are that on 31.10.1993 at about 3.00 A.M. Radhey Shyam Sharma PW. 10 submitted a written report Ex.R3 at police station Rajakheda, District Dholpur regarding the incident alleged to have taken place in the same night at 12.00/1.00. In the written report, the complainant has mentioned that he is a resident of Shekhpur and on the fateful day, in the night at about 12.00/1.00, 8-9 miscreants came in the police dress and got opened the door from Holi Ram. Soon the door was opened, the miscreants entered into the house and committed dacoity in four houses one by one. The four houses where dacoity was committed belonged to Holi Ram, Ramji Lai, Ram Khiladi and Jagannath. It was mentioned that the inhabitants of the houses suffered injuries by lathi. As per the report the miscreants were armed with lathi, axe and guns. They could identify the leader of the gang and one Lajua. The complainant mentioned that he can identify the others also, if confronted. Lastly, it was mentioned that he will submit the list of the looted articles at the site. The miscreants ran away firing guns in the air. On the basis of this written report, the police registered a case for offence under Sec. 395-397 Penal Code wide FIR No. 218/93 (Ex.R4) and proceeded with the investigation.

(3.) During investigation, the police prepared site plan Ex.R5. Seized one Ballam allegedly left by the miscreants at the place of occurrence vide memo Ex.R6. The accused appellant was arrested on 18.2.1994 vide Ex.R1. On the information (Ex.P9) furnished by the accused, one Kondhani of Silver of 235.00 grams, one golden chain of 11 grams 550 mg., one golden ring of 3 gram 700 mg. and one golden ring of 4 gram 550 mg were recovered from the Jewellers of Murena Sarrafa Bazar, which were allegedly pledged by the accused appellant for consideration of Rs. 4000.00, vide recovery memo Ex.R2. Injured Shir Dei and Adal Singh were examined for their injuries and the injury reports are Ex.R7 and Ex.P8 respectively. Identification of the recovered articles was held and Guddi (RW.2) and Machhla (RW.5) identified the same as belonging to them.