SAMUNDER SINGH Vs. STATE

JUDGEMENT

(1.) THESE are two appeals, one from jail by Nanga and Samunder Singh, and another on behalf of Samunder Singh, and arise out of a case under Section 395, Penal Code.

(2.) THE case for the prosecution was that on 22-3-1949, at about 4 in the evening, a dacoity was committed in village Unti at the shop of one Motilal and at the houses of Gulab Chand and Bansilal. THEy were all given serious beating, and a lot of valuable property was taken away from them on camels' back by five persons, viz. , Karan Singh, Samunder Singh, Nanga, Kalyan Singh and Bheria. A report of the occurrence was lodged at the police station Bagru in the early hours of 23-3-1949, and during investigation Samunder Singh, Nanga, Baj-rang Singh, Dheer Singh, Nanda and Bheria were arrested. Some property is alleged to have been recovered at the instance of Bajrang Singh from a Bara belonging to him and a camel is also alleged to have been recovered at the instance of Nanga from the possession of one Ladu Jat of village Sarawari in Bika-ner. Although Bajrang Singh, Dheer Singh and Nanda were not alleged to be actually present at the time of dacoity, but the prosecution was launched against them because it was alleged that they were also abettors in the crime. In all, six accused were challaned, viz. , Bajrang Singh, Dheer Singh, Nanda, Bheria, Nanga and Samunder Singh. Karan Singh was also alleged to be one of the offenders, but he turned an approver. Of the accused, who were put up for trial, all, excepting Samunder Singh, were arrested shortly after the occurrence. Nanga and Karan Singh were put at an identification parade on 16-5-1949, before Shri Mahavir Sahai, Tehsildar-Magistrate, Toda-Rai-Singh. Nanga was identified by six witnesses, viz. , Jagannath P. W. 1, Ramgopal P. W. 2, Nathia P. W. 3, Nolia P. W. 6, Motilal P. W. 9, and Gulab Chand P. W. 15. Karan Singh was identified by Nolia P. W. 6. Again on 23-5-1949, Nanga was identified by P. W. 3, Nathia, before Mr. Tara Chand Bakshi, Extra Magistrate, Jaipur. Samunder Singh was arrested on 18-12-1949, and he was put up at an identification parade on 29-12-1949. He was identified by Nolia P. W. 6. THE six accused, Bajrang Singh, Dheer Singh, Nanda, Bheria, Nanga and Samunder Singh were ultimately challaned in the Court of Extra Magistrate, Jaipur, who committed them to Sessions. All the accused denied the charge. THE learned Sessions Judge, Jaipur District, found that the case was not free from doubt against Bajrang Singh, Dheer Singh, Nanda, and Bheria, and consequently acquitted them. He, however, convicted Nanga and Samunder Singh under Section 395, Penal Code, and sentenced them to seven years' rigorous imprisonment each. Each of them has filed an appeal against his conviction and sentence. As they both arise out of the same judgment, they are being disposed of by a single judgment.