STATE OF RAJASTHAN Vs. PUNAM DAS

JUDGEMENT

(1.) This appeal is directed against the judgment and order dtd. 16/5/1994 rendered by the Special Judge, SC/ST (Prevention of Atrocities) Act, Jodhpur in Sessions Case No. 75/1990 and 78/1990 acquitting the respondents-accused for the offences punishable under Ss. 396, 460, 302 or 302/149 of the Indian Penal Code. All the accused were charged and tried for allegedly committing murder of Igya Ram in the mid-night of 13/9/1984 and 14/9/1984 by shooting him in furtherance of their common object.

(2.) The facts necessary to be noticed for disposal of present appeal against acquittal, briefly stated are that on 14/9/1984 at about 5:20 in the early morning, complainant Ramvilas (PW-2) lodged a report (Ex.P-1) at Police Station Osian, District Jodhpur stating, inter alia, that he along with his brothers resides in Punasar village and conducts business there. In mid-night of 13/9/1984 and 14/9/1984 at around 10:30 pm, after having dinner, they slept in the court-yard. Their driver Ranjeet Singh and one Birma Ram Jat were also sleeping besides them. At around 12:30 in the night, three persons entered into the court-yard having pistols and guns. They threatened him and demanded to lead them into the house to reveal the valuables. Subsequently, they forcibly pushed all the three brothers inside the house, firing gun shot on the ground and menacingly threatening to shot them as well. The fourth person stood outside the house with a gun while one or two persons positioned themselves on the roof firing continuously. They compelled entire family to gather into the chowk of the house and instructed them to unlock the room.

(3.) The FIR further stated that complainant unlock the room allowing accused to enter. They inquired about the safe (Tijori). In response, brother of the complainant, Igya Ram stated that they did not possess a safe; whatever valuables they possess were in that very room. Meanwhile one of the accused fired a gun-shot at Igya Ram causing him to collapse on the ground. The trio proceeded to search for valuables inside the room, while the other accused positioned at the terrace continued firing. Half an hour later, accused returned to the chowk of the house after bundling the valuables in 2-3 bundles and demanded keys of the shop. They also looted their shop and while leaving, they shoot at a vehicle parked near the house puncturing one of its tyres.