PRABHATI Vs. STATE

JUDGEMENT

(1.) THESE two appeals are directed against the judgment and order of the Additional Sessions Judge, Jaipur District, Jaipur, dated 12th March, 1963 in Sessions Case No. 11 of 1961. By this order he convicted the nine appellants of an offence under Section 395 read with section 397, Indian Penal Code, and sentenced each one of them to seven years rigorous imprisonment and fine of Rs. 500 each, and in default, six months further rigorous imprisonment. The Addtional Sessions judge had tried eleven persons but the two co-accused Handa and Titaria were acquitted. S. B. Criminal Appeal No. 238 of 1963 is by the accused through Advocate Shri Sobhag Mal and S. B. Criminal Appeal (Jail) No. 240/62 is through jail. Both of them shall be disposed of by one judgment.

(2.) THE prosecution case in brief is that on 28th of July, 1958 at about 6-30 P. M. thirteen persons including the present appellants, armed with spears, axes and rifles went to village Bhanwata, a village in subdivision Dausa of District Jaipur, and began firing in the air to create terror amongst the villagers. Some of them continued the firing while some of them entered the house of Kishanlal Mahajan. They gave a beating to Kishanlal's wife and looted his nouse. Thereafter, they entered into the houses of Nathulal and Chhajulal and committed loot. Rewar PW/4 asked the dacoits not to do beating to Kishanlal's wife. Thereupon one of the dacoits fired at him with the rifle and caused injuries to him. Kishanlal was not in the village and was at Delhi. Nathulal was at Kundal and Chhajulal was in the field. Hearing gunshots Chhajulal came to his village but having been informed by the villagers that the dacoits were looting his nouse, he did not dare go to his house. A number of villagers had also collected while the dacoity was being committed but they kept standing at some distance. The dacoity lasted for about an hour and a half and thereafter the dacoits placed the booty in one bag and went away. Laxminarain PW/3 wrote the report Ex. P. 1 and obtained signatures of Rewar, Harsahai, Balla etc. and then it was sent with Ramswaroop PW/2 to police station, Kolwa. A case under Section 395, Indian Penal Code was registered. The Station House Officer reached the snot on the very night. Chhajulal and Nathulal furnished lists of the stolen property on 29-759 which are Ex. Pl/b and Ex. P1/a respectively. Kishanlal supplied the list two days later on 31st July, 1959 and it is Ex. P1/c. The offenders could not be traced for over a year. However, on 14-10-60, the accused appellant Chahat was arrested in connection with an offence under Section 302, Indian Penal Code, in case No. 41 of Police Station, Mandawara. During investigation Chahat informed vide Ex. P-35-A to Bhagatram, Circle Inspector Berad, District Alwar, on 20-10-60, that he and his associates were concerned in the Bhanwata dacoity and that out of the property robbed at Bhanwata he gave one tagri Ex. 8 to Badloo Chamar and a pair of clip Ex. 6 to Mst. Murli. He also got the tagri Ex. 8 recovered from Badloo Chamar vide seizure memo Ex. P-19 and also got a pair of clip recovered from Mst. Murli vide seizure memo Ex. P10a. These articles were sealed at the spot and kept in Malkhana. Bhagatram Circle Inspector arrested Sultana, Ramchandra, Shivla, Prabhatia, Dhooria and Titaria on 20-10-60 and sent them to police lock-up. Afl these persons were warned to remain Baparda vide entry in Rojnamcha Ex. P-13, On 28-10-60 he arrested Kannaiya son of Wajira and Handa. They were also sent to police lock up after being warned to remain Baparda.

(3.) AS Bhanwata was in the jurisdiction of police Station Kolwa, sub division Dausa, Bhagatram conveyed the information relating to the arrest of Chachat and other accused in connection with the dacoity at Bhanwata to Mojiram PW-44, Sub Inspector Police, who was associated with Kishore Singh, Sub Inspector of Police, Kolawa (PW46) in connection with the investigation of the dacoity case. In consequence of this information, Kishore Singh PW-46 went to Alwar on 21-10-60. He first took Chahat, and others in his custody and eventually got them placed in judicial lock-up Alwar. When he took charge of these accused they were 'baparda' and he took steps to keep them in Baparda and warned them to remain so. He arrested Prabhu and Kanhaiya on 24-10-60. During Investigation the various accused gave information under Section 27 of the Evidence Act leading to discovery of certain facts and the consequent recovery of stolen properties either from the possession of the accused or from some other persons at their instance. These informations were given either to Kishoresingh PW-46 or to Mojiram W-44. The accused appellants except Kanhaiya s/p Wazira and Handa were put up for identification at an identification parade held at Alwar on 24-10-60, conducted by PW-37 G. P. Nagar, Sub Divisional Magistrate, Dausa. Another parade was held on 2-11-60 at Dausa in respect of Kanhaiya son of Wazira and Handa. At the parades seven witnesses, who are prosecution witnesses, 1 to 7 were called upon to identify the accused and the various accused were identified by witnesses ranging from P. W. 3 to P. W. 6. The properties recovered from the possession of the accused or at their instance were also put up for identification by the complainant Kisnanlal and other witnesses. Out of the thirteen persons concerned in the dacoity Prabbusingh is still said to be absconding. Ramjilal was arrested and also put up for identification but he escaped from police custody and is still absconding. The remaining eleven persons were challaned in the court of First Class Magistrate, Dausa who, after enquiry, committed them for trial to the court of Additional Sessions Judge, Jaipur, District Jaipur, for trial under Sections 395, 397 and 398, Indian Penal Code.