CHHAGAN SINGH Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by the accused Chhagan Singh who has been convicted of offences under sec. 307 of the Indian Penal Code and sec. 19 of the 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 the three months under sec. 307 I. P. C. , and to 18 months' rigorous imprisonment under sec. 19 of the Arms Act.

(2.) THE case for the prosecution is briefly as follows : On 27. 2. 52 Malu Singh, Head-constable attached to the police station Ratangarh, came to know that the three dacoits Mohania, Dhhane Singh and Chhagan Singh were in the village Raipuria and were expected to stay there during the night. It is said these persons were wanted by the police in connection with several crimes, Malusingh went on the same night to the Superintendent 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 years and eventually saw them from a distance of about 250 yards in the jungle of Ratangarh. 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 also took up their positions on the other side of the filed. 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 Dhhanesingh, 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 Dhhanesingh 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 jail appeal filed by Dhannesingh was dismissed by a bench of this Court.