BHAGWANA Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal filed by the accused appellant Bhagwana who has been convicted by the learned Additional Sessions Judge No. 2 Sri Ganganagar, to imprisonment for life under Section 396 IPC by his judgment dated 7/6/1971.

(2.) THE brief facts of the prosecution case are that the accused Nanda Bhagwana, Sampatia and Kishoriya were sent for trial under Sections 396, 397 and 398, IPC for committing dacoity at the house of Kishna Ram situated in 1 KSR, on the night intervening 25 -1 -1970, 26/1/1970. The learned Addl. Sessions Judge convicted the accused appellant Bhagwana, as stated above, but acquitted the remaining three accused persons On that night, Mani Ram son of Kishna Ram, and his wife were sleeping in a 'Kotha" Megha Ram, his brother, was sleeping outside the "hada" which was meant for the catle Kishna Ram and his wife were sleeping in another "kotha". Mani Ram heard the cries of Megha Ram "mare re mare re" at about mid eight. He opened the door of his "kotha" and saw two dacoit a standing outside the door. On of the dacoits was armed with a pistol, and had a torch also. The other dacoit had a "lathi". Mani Ram warned to come out of the kotha" but he was pushed to his "charpai". Both the dacoits came inside the room. The torch was flashed and a "Hanery Sandoz" watch was taken out from Mani Ram's pocket. Mani Ram was also beaten. The two dacoits then took away ornaments from the person of his wife. Two more dacoits entered the 'kotha after some time. One of these two dacoits was armed with a "gandasa" Then the "kotha" was bolted from outside, and these dacoits went away Mani Ram saw seven or eight dacoits. FIR Ex. P/1 was lodged by Mani Ram son of Rati Ram, on 26/1/1970, at 8 a.m. In the FIR it was stated by him that the accused were said to be young and speaking Punjabi language. The accused were committed to the Court of Sessions, for trial, by the committing Court on 21/10/1970, The learned Additional Sessions Judge, who tried the case, framed fresh charges on 11/1/1971. The accused pleaded not guilty, and claimed to be tried.

(3.) PW . 2 Mani Ram son of Kishna Ram stated that the night was moon let. and he identified the dacoit holding the pistol by his face. His. father and mother were sleeping inside the 'kotha'. He heard be cries of his brother Megha Ram, 'mare re mare re'. Whereupon he opened the door of the "kotha", and saw two persons standing outside the door. One of these two person was armed with a pistol, and had a torch with him, and the other was armed with a "lathi''. He tried to come rut of the 'kotha', but the dacoit holding the pistol threatened to kill him. He was then pushed to his "charpai". Both the dacoits came inside the "kotha'' and flashed torch light, and took away his "Hanery Sandoz" watch from 'be pocket. The ornaments of his wife were also taken from her person and from the box. He identified the accused appellant Bhagwana as the person who wan armed with a "gandasa". Bhagwana struck Mani Ram with a "gandasa" blow as a result of which the handle of the "gandasa" broke, and the blade fell down in the lap of Mani Ram. Two other dacoits came after some time. All the four dacoits left after bolting the door of the "kotha'' from outside Mani Ram then saw seven or eight dacoits. including these four, going towards the "dhani" of Pandits. In cross examination, the witness has stated that only four dacoits entered his "kotha", and there was no light during in his "kotha". He identified Bhagwana very well in torch light. Bhagwana was then bare headed Bhagwana was putting on a "tehmat", and a shirt. At the time of commission of the dacoity, he did not notice any extract (phoolia) in the left eye of Bhagwana. He also did not notice any special features on the face of Bhagwana at the time of occurrence. He did not give any details about the personality of Bhagwana before the Magistrate. He had gone to Hanumangarh for the identification proceedings The persons who were mixed in the identification parade were clean shaved, but  had moustaches. About seven or eight persons were mixed Some of the persons mixed were not newly shaved. He has further stated that Bhagwana did not snatch the ornaments of his wife, but he could not say which of the remaining dacoits did so.