REHMAT KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) SINCE these two appeals are directed against one and the same judgment of the learned Additional Sessions Judge, Sirohi dated December 22, 1972, they were heard together and are decided by a common judgment. By the judgment aforesaid, the Sessions Judge convicted and sentenced the appellants as under:

(2.) THE accused persons have come -up in appeals to challenge their conviction and sentences.

(3.) IN the intervening night between 13th and 14th March, 1976, five culprits hired a taxi car RJW 1134 at Beawar. Those five persons got the car stopped near Pali. They forcibly took -out the drivers from the car and took them in a field. Thereafter those five persons took away the car. The drivers of the taxi -car were threatened by those five culprits at the point of knives and daggers. A report of this occurrence was lodged in the same night at police Station, Gudda Endla. The police came in prompt action and information was sent through telephones to keep a watch on the roads. The taxi -car RJW 1134 detained at Abu Road by the police. Five persons including the appellants Rehmat Khan and Allahuddin were found in the car. They along with the remaining three were arrested. Taking the clue from the similarities in the two occurrences -first that took place with Avinash Dube and Akhilesh Dube and the second which took place in respect of taxi car RJW 1134 and the modus operandi adopted by the culprits in these two incidents, investigation closed in the earlier case (in respect of Avinash Dube and Akhilesh Dube) was re -opened and once again resumed by the police. Accused Rehmat Khan and Allahuddin were arrested in this case also. The remaining three culprits were also rounded -up. Accused Kesar khan was arrested on March 20, 1976 at village Peepli in the State of Gujarat at the instance of accused Dadu Khan, wrist watch (Article, 1) and its belt (Article 20) belonging to the deceased Avinash Dube and which he was wearing at the time of the commission of the crime, were recovered from PW 20 Sanda. In consequence Rampuri knife was recovered while in consequence of the information furnished by accused Dadu Khan one Kathiyawari dagger was recovered. In consequence of the information furnished by accused Rehmat Khan, one dagger motor car engine No. OEB 4241 - which was of the victims' taxi car RRL 6411 and some other parts of the body were recovered. In the course of investigation, the three accused viz. Allahuddin Dadu Khan and Kesar Khan made confessions before the Judicial Magistrate Mr. J.P. Chhangani. The confession (Ex.P 31) of accused Allahuddin was recorded on March 18,1976, the confession (Ex.P 33) of accused Dadu Khan was recorded on April 1, 1976 and the confession (Ex. P. 35) of accused Kesar Khan was recorded on April 5, 1976 by Mr. Chhangani. In the test identification conducted by the Judicial Magistrate PW 32 Ghan Shyam identified the four appellants Rehmat Khan, Kesar Khan Dadu Khan and Allahuddin as the four culprits who had hired taxi car RRL 6411 at Ajmer in the evening of April 29,1972 for Ajmer to Sirohi. PW 17 Amar Singh identified the appellants Rehmat Khan and Allahuddin also as the persons who had hired the aforesaid Ambassador car -taxi on April 28, 1972 for Ajmer to Sirohi. The wrist watch (Article 1) and its belt (Article 20) were identified to be of the deceased victim Avinash Dube by his father Narain Dube (PW 16). Accused Durlabh Bhai alias Professor Himaliya was arrested as accused Rehmat Khan sold the engine of the stolen car and other parts to him and he had purchased them knowing them to be the stolen articles. On the completion of investigation, the police submitted a challan against the five appellants in the Court of Munsif and Judicial Magistrate, Bali, who in his turn committed the case for trial to the Court of Sessions. The case came for trial before the learned Additional Sessions Judge, Sirohi, who framed charges under Sections 302 and 404, IPC against the four accused Rehmat Khan, Kesar Khan Dadu Khan and Allahuddin and under Section 411, IPC against accused Durlabh Bhai alias Professor Himaliya. The accused persons denied the guilt, refuted the charges and demanded the trial. In support of its case, the prosecution examined forty one witnesses and filed some documents. In defence, the accused advanced no evidence. On the conclusion of the trial, the learned Additional Sessions Judge found the charges duly proved against the appellants. They were consequently convicted and sentenced as mentioned at the very out set. Aggrieved against their conviction and sentences, the appellants have taken these appeals.