HURMAT Vs. STATE OF RAJASTHAN.

JUDGEMENT

(1.) This is an appeal against the judgment dated June 30, 1980, passed by the learned Add. Sessions Judge, Deeg, wherein he convicted and sentenced the accused-appellants as under : <FRM>JUDGEMENT_39_LAWS(RAJ)11_19831.html</FRM> All the sentences were ordered to run concurently.

(2.) The occurrence of dacoity which was the subject-matter of the charge against the accused-appellants is said to have taken place at the house of Niranjan Lal (PW/4), to whom we shall call as complainant. He gave a written report to the Police Station, Sikari on 18-2-1977, at 6.00 a. m., which is marked as Ex. P/12. In this report, it was mentioned that the dacoity was committed on the intervenes night of 17th and 18th Feb., 1977, nearly at 10 or 10.30 p. m. The dacoits were armed with guns, sabbal, axes and lathis. Badri Prasad, Devi Prasad, Roopwati and Parwati were given beating during the course of dacoity. Hearing the noise Shyam Lai Vaisya rushed from his house towards the place where the dacoity was being committed. At that stage, one of the dacoits fired a shot hitting Shyam Lal sum-mbed to the injuries. The complainant was sleeping in his shop. The dacoits broke pen the doors and thereafter inflicted injuries on his person as well as on the person of Damodar and Kishori Jatav. The dacoits remained in the Haweli nearly for no hours. After the dacoits had left the place the villagers gathered there and took In injured persons to the hospital. As the marriage was taking place in the house of in complainant, the dacoits fled away with gold and silver ornaments. On the basis this report, a regular FIR Ex. P '22 was drawn. The Investigating Officer reached like scene of occurrence and prepared site-plan Ex. P/14. He recorded the statement of the witnesses. He also prepared inquest report Ex. P/24 regarding Shyam Lal (since deceased). Post mortem was performed on the dead body of Shyam Lai by Civil Surgeon, Nagar. The postmortem report is Ex. P/3. Parwati, Devi Prasad, Badri Prasad, Kishori and Damodar were clinically examined and injuries were noted on their person. Their injury reports are Ex. P/4, Ex. P '5, Ex. P/6, and Ex. P/8 respectively. The accused persons could not be arrested for a pretty long time. Hurmat was arrested on 17-9-1977 and Sheetal was also arrested on the same day. Accused Mangal was arrested on 10-12-1977. Kadkali and Chandra Khan were barrelled on 2-11-1978. Test identification parades were held on 24-9-1977, which is Ex. ID/5. Accused Hurmat and Sheetal were got identified in the test identification parade by the witnesses. Hurmat was identified by PW/2 Damodar, PW/4 Niranjan Lal and PW/7 Mool Chand, where is Sheetal was identified by PW/9 Damodar and PW/7 Mool Chand. Identification memo is Ex. D/5. A test identification parade was held regarding the above mentioned accused persons under the supervision of PW/9 B. C. \Kulshrestha, Munsiff Magistrate, Deeg. The test identification of Mangal was held on 13-7-1977. He was identified by PW/2 Damodar, PW/4 Niranjan and PW/7 Mool Chand. The test identification parade of Kadkali and Chandra Khan was held on 6-11-1978. They were identified by PW/1 Badri Prasad PW/2, Damodar and PW/7 Mool Chand. This parade was held under the supervision of PW/15 Himmat Singh, Addl. Munsiff & Judicial Magistrate, Bharatpur. Identification of Mangal was held under the supervision of PW/13 Padam Kumar Jain. Addl. Munsiff, whereas the identification of Kadkali and Chandra Khan was held by PW/15 Himmat Singh, Addl. Munsiff & Judicial Magittrate No. 2, Bharatpur. Their test identification memo are Ex. P/28, Ex. P/31 and Ex. P/32 respectively.

(3.) The Police after usual investigation submitted challan against all the three accused under Sections 325, 396 and 397, IPC. They were committed to the Court of Session and were ultimately tried by the learned Addl. Sessions Judge, Deeg. They were found guilty of the above mentioned charges.