GHURELAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment November 2, 2002, passed by the Additional District & Sessions Judge, Fast Track, Laxmangarh, Alwar, whereby he convicted and sentenced accused-appellants Ghurelal, Chunchu @ Bhagwan Singh, Raghuveer, Kallu, Rajpal, Kuniya, Talebar and Samay Singh for the offence under Section 396, IPC, to life imprisonment and a fine of Rs. 1,000/- each, in default of payment of fine to further undergo six months rigorous imprisonment; accused Ghurelal, Chunchu @ Bhagwan Singh, Raghuveer, Kallu, Rajpal, Kuniya, Talebar and Samay Singh for the offence under Section 397, IPC, to Rigorous Imprisonment for seven years and a fine of Rs. 500/- each, in default of payment of fine to further undergo three months Rigorous Imprisonment; accused Ghurelal, Chunchu @ Bhagwan Singh, Raghuveer, Kallu, Rajpal, Kuniya, Talebar and Samay Singh for the offence under Section 395, IPC, to life imprisonment and a fine of Rs. 1,000/- each, in default of payment of fine to further undergo six months' Rigorous Imprisonment; and accused Ghurelal, Chunchu @ Bhagwan Singh, Kallu, Rajpal and Samay Singh under Sections 3/25 and 3/27 of the Arms Act to three years' Rigorous Imprisonment and a fine of Rs. 500/- each, in default of payment of fine to further undergo three months' Rigorous Imprisonment. All the sentences were directed to run concurrently.

(2.) IN nutshell, the prosecution story is that on December 17, 1996, one Santosh Kumar-complainant lodged a written report at Police Station, Khedli, wherein it was alleged that in the intervening night of 16th & 17. 12. 1996, he heard some noise on the roof of his house. On hearing the noise, he sent his peon Gopal Nepali to the roof. When Gopal Nepali opened the gate of the roof, the miscreants fired a shot on Gopal Nepali and entered into the house. He saw them in the light of the electricity. All the miscreants were young and dark complexioned and wearing Pant, Bushirt, Kurta and payjama. Miscreants closed complainant's wife and children in the bathroom. At that time, neighbourers also woke up. Some of the miscreants fired shot on Anita Yadav, Member of the Municipality, as a result of which she died on the spot. A Bank employee Yadav caught hold of one miscreant, but his companion gave beating to him and got the miscreant released from the clutches of the Bank employee. It was further stated in the complaint that when the miscreants were looting the house of the complainant, the entire incident was being witnessed by the police, but they ignored the incident and went away with the Jeep. After some time, the Police returned back. The culprits ran away in the presence of the Police. Chowkidar Gopal Nepali was taken to the hospital, where he was declared dead.

(3.) BEING aggrieved by the aforesaid judgment of the Trial Court dated November 2, 2002, the accused appellants have preferred the instant appeal.