RAM AKHTYAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellants, being convicted variously under sections 363, 368 and 376 IPC and sentenced accordingly by the judgment and order dated 26.09.1990 passed by the learned Additional Sessions Judge, Dholpur in Sessions Case No.39/1987, 36/1988, 84/1988, are in appeal for redress.

(2.) A written report was lodged with the officer incharge, Sahab Badi Police Station by Jandel Singh on 14.07.1986 alleging that in the intervening night of 13/14.07.1986, when he was sleeping in his house at about 1.00 a.m., ten miscreants armed with guns trespassed into and stationed themselves on the rooftop of the building. Simultaneously, about eight miscreants entered the house and as he woke up and saw them, he ran up to the terrace where he was apprehended by the others present there, whereafter he was tied up hand and feet. The miscreants then snatched his wrist watch and a sum of Rs. 2,000/-, which was in his pocket. Having heard the hue and cry, his brother-in-law Bholaram, who was residing in a nearby house, came to his terrace, whereupon one of the miscreants fired upon him, as a result whereof, he received injuries on his right wrist and he fell on the floor. It was further alleged in the written report that the miscreants thereafter entered the house of the informant's uncle Rameshwar and by force lifted his (Rameshwar) daughter Guddi, aged about 12 years. The names of Ram Aktiyar, Panjab Singh, Ramnath, Dimana, Soneram, Bijendra, Atarsingh, Ramveer were mentioned, whom the informant claimed to have identified. It is further stated that the miscreants, in order to terrorise the people of the locality, also shot 8-10 times in the air from their firearms.

(3.) On the basis of the report, police registered a case and started investigation and on completion thereof, submitted a chargesheet under sections 147, 452, 363, 363/149, 366 and 376 IPC against the appellants and sixteen others. They having been separately charged, denied the allegation and claimed to be tried. At the trial, the prosecution examined several witnesses including the informant Jandel Singh (PW-1), prosecutrix Guddi (PW-2), Bholaram, her cousin brother (PW-3), Rameshwar, her father (PW-5), Harbheji, her mother (PW-4), Dr.N.S.Sareen (PW-6), who had medically examined the prosecutrix for determination of her age, and Dr.Bina Goyal (PW-9). The accused persons, in course of their examination under section 313 Cr.P.C., abided by their denial. The impugned judgment and order, however, recorded conviction against four of the appellants on the sections of law as referred to hereinabove. The others were all acquitted for want of evidence.