THE STATE OF RAJASTHAN Vs. BAJRANGLAL AND ORS.

JUDGEMENT

(1.) RESPONDENT Bajranglal, Amilal and Annesingh were tried for the offences under Sections 406, 420, 394 and 129(b) of the Indian Penal Code by the Chief Judicial Magistrate, Bikaner and were acquited of the charges by the judgment dated December 3, 1976. The State of Rajasthan felt aggrieved by the judgment of acquittal and preferred this appeal in this Court after seeking leave to appeal.

(2.) BRIEFLY stated the facts of the case relevant for the disposal of this appeal are as under: Ramchander (P.W. 1.) complainant had settled the marriage of his daughters and therefore, in the month of 'Vaishakh' S Y. 2028, he asked Rameshwar (P.W 6.) to arrange for some gold for him. Rameshwar informed Ramchander that Amilal had been married in his village and he would arrange for the gold at a cheap rate. Rameshwar then informed Ramchander that Amilal would arrange for the gold at the rate of Rs 200/ - per tola. At the instance of Rameshwar, Ramchander, Amilal, Annesingh and Chorulal (P.W. 2.) went to villages Chhatargarh. Rupees 5000/ - were given by Ramchander to Amilal. Amilal and Rameshwar went to bring the gold. Amilal, Annesingh and Ramchander returned after sometime and informed that the gold will be available on the next day as the person concerned was not available that day. All the persons then returned to the Bikaner On the next day Rameshwar came to Ramchander and informed him that Amilal has informed about Annesingh bringing the gold so he may take the money. Ramchander took Rs. 5000/ - and accompanied Rameshwar to the shop of Amilal. They reached there at 7.15. P.M. Rameshwar gave Rs. 15000/ - to Amilal in presence of Rameshwar and Annesingh. Amilal told Ramchander that it would not be proper to have the transaction at the shop and so they may go outside Bikaner. Amilal, Annesingh and Ramchander went towards Shiv -badi. Rameshwar and Amilal stayed near the statute of Jai Narayan Vyas and Annesingh went away from there. After ten minutes Annesingh returned with gold and passed over ten pieces of gold to Ramchander Ramchander was then asked to go alone because his going with these persons was not considered advisable. Ramchander proceeded towards the city. When he had got e to a little distance, two persons on cycles reached there. They surrounded him and enquired of him as to what he had with him. He denied to possess any thing. Then those two persons gave a beating to him and snatched the ten pieces of gold from his pocket. Ramchander went to Amilal's shop and found it closed. He then went to his own shop where Rameshwar was available. He narrated what he had suffered to Rameshwar. On the next day they had a talk with Amilal through Jagganath and asked him either to return the gold or the money. Amilal assured to return the money after collecting it from the persons amongst whom it had been distributed. As Amilal did not fulfil the assurance, Ramchander, after waiting for some days reported the matter to Yaswant Singh (P.W. 9), Station House Officer, Kotwali, Bikaner on February 15, 1972. His statement Ex. P.1 was recorded and case was registered. During the course of investigation Rs. 6000/ - were recovered from Amilal, Rs. 6000/ - from Annesingh and Rs. (sic)650/ - from Bajranglal. After completion of investigation, charge sheet against the respondents was filed in the Court of the Chief Judicial Magistrate, Bikaner. The learned Magistrate, charge -sheeted the respondents for the aforesaid offences. On their denial of the indictments, trial proceeded Nine witnesses were examined by the prosecution. The respondents in their statements under Section 313 of the Code of Criminal Procedure totally denied the allegations levelled against them and stated that the Sub -Inspector, Yaswant Singh had forcibly taken the money belonging to them. No defence witness was examined. The learned trial Magistrate did not place reliance on the prosecution evidence and acquitted the respondents by the judgment under appeal.

(3.) I heard Dr.S.5.Bhandawat, learned Public Prosecutor for the State, assisted by Shri S R. Singh, learned Counsel for the complainant and Mr. Bhagwati Prasad, learned Counsel for the respondents and carefully examined the record of the case.