DHARAM PAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellant was placed on trial before, the learned Additional Sessions Judge Kishangarhbas District Alwar in Sessions Case No. 42/1998 on the allegations of robbery and murder. THE learned Judge vide judgment dated Feb. 8, 2001 convicted and sentenced the appellant, as under:- U/s. 302 IPc To suffer Imprisonment for life and fine of Rs. 25000/- in default to further suffer one year Rigorous Imprisonment. U/s. 394/397 IPc To suffer Seven Years Rigorous Imprisonment and fine of Rs. 20000/- in default to further suffer, One Year Rigorous Imprisonment. U/s. 120b IPc To suffer Seven Years Rigorous Imprisonment and fine of Rs. 10000/- in default to further suffer One Year Rigorous Imprisonment. U/s. 3/25 Arms Act: To suffer One Year Rigorous Imprisonment and fine of Rs. 1000/- in default to further suffer. Three Months Rigorous Imprisonment. All sentences were ordered to run concurrently.

(2.) A Jweller Krishna Kumar was robbed and killed outside his shop on February 18, 1998 at around 9 p. m. when he alongwith his wife Anita Devi came out of his shop with the bag containing gold and silver ornaments. Report of the incident was lodged by Hariom with the Police Station Bhiwari where a case under sections 394 and 302 IPC was registered and investigation commenced. The Investigating Officer arrested appellant Dharam Pal and at his instance got recovered ornaments vide memo (Ex. P-9) and 12-bore Deshi Katta (country made gun) vide memo (Ex. P-13 ). Witnesses Hari Om (PW. 1) and Anita Devi (PW. 7) identified Dharampal in the Identification Parade held before the Magistrate. The ornaments recovered at the instance of Dharam Pal also got identified by these witnesses.

(3.) IN Wakil Singh and Others vs. State of Bihar (2), Hon'ble Supreme Court propounded that where none of witnesses gave any description of dacoits in their statements or in oral evidence nor gave any identification marks, such as stature of accused or whether they were fat or thin or of fair colour or black colour, and only one witness identified dacoits after certain days from test identification parade. Conviction, cannot be based only on identification by single witness.