CHHAGANSINGH Vs. STATE

JUDGEMENT

(1.) This is an appeal by the accused Chhagan Singh who has been convicted of offences under Section 307, Penal Code, and Section 19, Arms Act. He has been sentenced to five years' rigorous imprisonment and a fine of Rs. 100/-and in default to undergo further rigorous imprisonment for three months under Section 307, I. P. C., and to 18 months' rigorous imprisonment under Section 19, Arms Act.

(2.) The case for the prosecution is briefly as follows: On 27-2-52, Malusingh, Head Constable attached to the police station Ratannagar, came to knew that the dacoits Mohania, Dhannesingh and Chhagansingh were in the village Raipuria and were expected to stay there during the night. It is said That these persons were wanted by the police in connection with several crimes. Malusingh went on the same night to the Superintendent of Police, Churu, Shri Tarachand (P. W. 1) who immediately on being informed organised a raid party to go to Raipuria. The police party led by the Superintendent of Police left for Raipuria in two Government cars, and kept guard on the village during the night, but they found in the morning that the dacoits had left Raipuria and were staying in the sand-hills in the neighbourhood of the village. The police party tracked them for about 20 to 25 miles and eventually saw them from a distance of about 250 to 300 yards in the jungle of Ratansar. The accused and his companions seeing that they were being pursued by the police, jumped down from their camels, took cover under the boundary wall of a field and prepared themselves for an attack on the police. The police party took up their positions on the other side of the field. The accused's party started firing and the police also returned fire. It is said that Mohania fired three shots, and thereafter ran away having handed over his rifle to Dhannesingh, that Dhannesingh also fired two shots and thereafter he passed on the rifle to Chhagansingh and was running away. It is further said that Chhagansingh had just fired one shot when the police party managed to advance quite close to him, and, then seeing no chance of escape, Chhagansingh surrendered himself to the police. As Dhannesingh was seen running away, one of the police party chased Dhannesingh. hit him with the butt-end of a gun and felled him down. Dhannesingh was immediately arrested. The police recovered one rifle and a bandolier containing 32 live cartridges from the person of Chhagansingh. They also recovered six blank cartridges which were lying on the spot where the dacoits had taken up their positions. The police also took in their custody the two camels on which the accused and his companions were riding. The Sub-Inspector, Churu, Shri Nathuram P. W. 3, commenced the usual investigation, and in due course challaned Dhannesingh and Chhagansingh in the court of the Sub-Divisional Magistrate, Ratangarh. The case was subsequently transferred to the Extra Magistrate, Churu, who committed the accused for trial to the Additional Sessions Judge, Churu. It may be pointed out here that the accused Mohania is still absconding. The remaining two accused Dhannesingh and Chhagansingh were convicted by the learned Additional Sessions Judge, Churu, and Chhagansingh has filed this appeal against his conviction. A fail appeal filed by Dhannesingh. was dismissed by a bench of this Court.

(3.) The accused Chhagansingh pleaded not guiltv. and his defence was that he was going to village Tiddia, and the police arrested him on the wav. Chhagansingh denied having fired at all and also denied that the rifle along with the cartridges was recovered from him.