DHARAM PAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal owes its origin in the judgment dated Feb. 08, 2001 rendered by Additional Sessions Judge Kishangarhbas District Alwar in Sessions Case No. 42/1998 whereby the appellant was convicted and sentenced on the allegations of snatching a bag of golden and silver ornaments and committing murder of Krishna Kumar, as under: <FRM>JUDGEMENT_138_LAWS(RAJ)7_2003_1.html</FRM> All sentences were ordered to run concurrently.

(2.) The prosecution case is woven like this on the basis of written report (Ex.P-1) submitted by Hari Om (Pw. 1) on Feb. 18, 1998 at Police Station Bhiwari, registered a case under Sec. 394 and 302 Penal Code and investigation commenced. In the report it was interalia stated by the informant that around 7.30 PM on the said day he had gone to the shop "Laxmi Jewellers" belonging to his brother Krishna Kumar (now deceased). Around 9.00 PM when Krishna Kumar and his wife Anita Devi came out of the said shop after closing it and put the bag of ornaments on their scooter, two persons, one of which was having hockey, came from Maruti Van of white colour bearing No. DNH 8781, and made attempt to snatch the bag of ornaments and in that process the person having hockey gave blows on Krishna Kumar whereas another person opened fire with Katta (country made gun) and caused injury on the abdomen of Krishna Kumar who fell down and the miscreants took with them the bag of ornaments and fled in the Maruti Van towards Tawru. Injured Krishna Kumar was taken to the hospital at Bhiwari, from where he was referred to Gurgaon, but on the way Krishna Kumar died.

(3.) The Investigating Officer arrested appellant Dharam Pal and at his instance got recovered Silver and golden ornaments vide memo (Ex.P-9) and 12-bore Deshi Katta (country made gun) vide memo (Ex.P-13). Witnesses Hari Om (Pw. 1) and Anita Devi (Pw. 7) identified Dharampal in the Identification Parade held before the Magistrate. The ornaments recovered at the instance of Dharam Pal also got identified by these witnesses.