KARNIDAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) KARNIDAN, the appellant in D. B. Criminal (Jail) Appeal No. 251 of 1977 and Kishanlal, the appellant in D. B. Criminal Appeal No. 471 of 1978, have filed these appeals against their conviction and sentence under the judgment dated May 24, 1977 passed by the Additional Sessions Judge, Jalore in Sessions Case No. 5 of 1977. In the Sessions Case aforesaid, the appellant KARNIDAN was prosecuted for the offences under Sections 302, 448, 394/397, I. P. C. and section 27 of the Arms Act and appellant Kishanlal was prosecuted for the offences under sections 302/34, 448 and 394/397, I. P. C. The Additional Sessions Judge has convicted the appellant KARNIDAN of the offences under sections 448, 302, 394/397, I. P. C. and section 27 of the Arms Act and appellant Kishanlal of the offences under sections 448, 302/34 and 394/397, I. P. C. Both the appellants have been sentenced to imprisonment for life under sections 302 and 302/34, I. P. C. respectively. They have been sentenced to rigorous imprisonment for 1 year under section 448, I. P. C. and rigorous imprisonment for 7 years under section 394/397, I. P. C. Appellant KARNIDAN has been sentenced to rigorous imprisonment for 3 years under section 27 of the Arms Act.

(2.) THE prosecution of the appellants for the offences mentioned above relates to an incident, which took place in the house of Bhanwarlal P. W. 3 in village Alasan P. S. Sayala, District Jalore on 5th November, 1976 at about 2 p. m. In the said incident, one Mohandas is said to have been killed and Smt. Mathra w/o Bhurmal (P. W. 4) and Smt. Mathra w/o Inder Mal (PW 5) are said to have been robbed of the gold chains from their persons. THE case of the prosecution is that the deceased Mohandas, who was an employee of Bhanwai Lal and on 5th November, 1976 at about 2 p. m. he was sitting in the house of Bhanwarlal. Smt. Mathra wife of Burmal (P. W. 4) was also present in the house, at the time, both the appellants entered the house of Bhanwar Lal. Appellant Karnidan was armed with a doubled barrel gun. On entering the 'pol' (entrance hall) of the house, appellant Karnidan asked Mohandas to show them the wealth and when Mohandas expressed his inability to do so, Karnidan fired the gun at Mohandas. THE gun shot hit Mohandas and he fell down injured. Smt. Mathra w/o Bhurmal (P. W. 4) shoutde that Mohandas had been killed and came to the "pol". Appellant Kami Dan came near her and she set down. THEreupon, the appellant Kishanlal put his feet over the feet of Smt. Mathra (P. W. 4) and appellant Karnidan snatched away 2 gold chains from her person, one of the gold chains weighed about 5| tolas and the other gold chains weighed about 1-1/2 tolas. On hearing the cry of Smt. Mathra w/o Bhurmal (P. W. 4), Smt. Mathra w/o Indermal (P. W. 5), who was in the adjacent house, which has a connecting window, entered the house of Smt. Mathra w/o Bhurmal (P. W. 4) through the connecting window and on seeing her the appellants ran after her and appellant Karnidan caught hold of her and appellant Kishanlal snatched a gold chain weighing about 3 tolas from her person and thereafter the appellants ran away. THE case of the prosecution further is that at the time when the appellant; came to the house of Bhanwarlal, Indermal (P. W. 8) was sitting in the "pol" of his house, which is adjacent to the house of Bhanwarlal and on seeing the appellants enter the house of Bhanwarlal, he came behind them and saw the incident of shooting of Mohandas as well as snatching of gold chains from the person of Smt. Mathra w/o Bhurmal (P. W. 4) from outside through the window in the "pol" in the house of Bhanwarlal. THE case of the prosecution further is that Khimchand (PW. 12) has his house opposite the house of Bhanwarlal and was present in the house at the time of the. incident and had seen the appellants going to the house of Bhanwarlal and shooting deceased Mohandas as well as snatching the gold chains from the person of Smt. Mathra s/o Bhurmal (P. W. 4 ).

(3.) WE have heard Mr. B. R. Arora, learned counsel for the appellant Karnidan and Mr. Doongarsingh, learned counsel for the appellant Kishanlal in support of these appeals and Shri R. C. Bhati, the learned Public Prosecutor for the State.