JANG SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a joint appeal by four accused, Jangsingh, Niranjan Singh, Habib Alam and Sher Singh alias Sherjang Singh against the judgment of the learned Additional Sessions Judge (1), Hanumangarh dated 22. 3. 1982 convicting the appellants under Sections 395/397. I. P. C. and sentencing each of them to seven years' rigorous imprisonment with a line of Rs. 1000/-, in default of the payment of line to further undergo six months' like imprisonment.

(2.) THE case, relates to a Highway dacoits alleged to have been committed in a running bus during night.

(3.) PUT briefly, the prosecution case is that deluxe bus No. R. S. G. 737 of Rajasthan State Roadways Corporation left Ganganagar at about 8. 00 P. M. on 5. 9. 1976 on its destination to Jodhpur. PW 3 Anandram was the driver while PW 2 Jai Singh was the Conductor on duty in the bus. Pw 21 Shri G. P. Chelani, the then Manager. Hanumangarh Depot of the Corporation, was also travelling in it. There was a good number of passengers in the bus. At about 11. 00 P. M, when the bus was nearly 4 kilometres away from village Rajiyasar a jeep came from the opposite direction. The road was not wide enough for two vehicles. The driver of the jeep gave a signal to the driver of the bus to stop it. PW 3 Anandram stopped the bus. The jeep also stopped. A man got down from the jeep and came to the driver's gate of the bus. That man (one of the miscreants) asked the passengers whether there was any Asia Sahib (meaning thereby a weapon) in the bus. One of the passengers travelling in the bus said that there was no Asia Sahib in the bus. That man went to the gate of the Conductor and told the passengers that those who had illegal weapons, should come down. He thereafter went to the jeep, Some other men came from the jeep and dragged clown the bus-driver Anandram. Some more persons from the jeep came there. The driver of the bus was put in the jeep. One of the miscreants took the driver's seat in the bus and took it nearly a kilometre away on the road. The jeep also followed it. The bus was thereafter stopped. The miscreants were armed with gun, rifles and knives. They took positions and asked the passengers to come down one by one from the bus. Each of the passengers, when he came down, was robbed of his belongings at the Kate of the bus. The passengers so looted were then asked to sit on a nearby sand-dune. One of the miscreants remained standing with them at the dune. Thus, all the passengers were relieved of their possessions. They also took away the luggage lying in the bus. After committing the dacoity the miscreants removed some bolts from the bus to prevent its immediate running. The miscreants then boarded the bicep and made good their escape. In all there were six miscreants. The driver re-fitted the bolts and drove back the bus to Police Station, Suratgarh where Shri C. P. Chelani (PW 21) lodged written report Ex. P 35 of the occurrence at about 1. 30 A. M. on 6. 9. 1976. The police registered a case and proceeded with investigation. PW 19 Jelesingh, Station House Officer visited the site in the same night and prepared the site plan. Accused Habib Alam, Niranjan Singh and Jangsingh were arrested on 11. 10. 1975. In consequence of the in formations furnished by them whilst under police custody, some of the looted article were recovered. Their test-identification was also conducted during investigation by a Judicial Magistrate and they were correctly identified by some of the passengers travelling in the bus. Accused Sher Singh was arrested on 27. 7. 1977. He was also put to test identification parade and was correctly identified by some of the persons travelling in the bus. Some of the looted articles were found in possession of Jagroop Singh and Ject Singh. On the completion of investigation, the police submitted a challan against the accused-appellants under Sections 395/397 and against Jagroop Singh and Jeet Singh under Section 412. I. P. C. in the Court of the. Learned Munsif and Judicial Magistrate, Suratgarh. who in his turn committed all of them to take trial in the Court of the Additional Sessions Judge (1), Hanumangarh. The learned Sessions Judge framed charges under Sections 395/397 against, accused-appellants and under Section 412, I. P. C. against the remaining two, Jagroopsingh and Jeetsingh. All the accused pleaded not guilty and demanded the trial. The accused appellants refuted the prosecution case and alleged that they have been falsely implicated. During trial, the prosecution examined 26 witnesses and filed 70 documents. In defence, one witness was examined. On the conclusion of trial, the learned Sessions Judge found no incriminating evidence against Jeetsingh and Jagroopsingh. They were consequently acquitted. , The learned Judge found the charges against the accused-appellants duly proved. They were, therefore, convicted and sentenced as mentioned at the very outset. Aggrieved against their conviction and sentence, the four accused have come up in appeal,