SUKH PAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment of the learned Sessions Judge, Bharatpur dated February 29, 1980, whereby appellant Sukhpal has been convicted under Sections 394 and 302 IPC and sentenced to imprisonment for life in both the offences. The sentences have been ordered to run concurrently.

(2.) BRIEF facts of the prosecution case are that a dacoity took place in the house of Chhitsria (PW 3) and Goverdhan (PW 4), residents of Rudawal district Bharatpur in the intervening night of 15th and 16th June, 1977. When the dacoits were escaping along with the looted goods, they were challenged by Arjun (deceased). When dacoits were passing in front of the house Gir Raj (PW 1), Ram Charan (PW 2) and deceased Arjun, the dacoits fired gun -shots, as a result of which Arjun succumbed to the injuries on the spot and Ramcharan (PW 2), Munni daughter of Gir Raj were injured. Munni succumbed to the injuries aftar 5 -6 days of the incident. Ram Charan (PW 2) lodged a First information Report (Ex. P. 1) in the night at 15 minutes past 3 O'Clock in the police post Rudawal. Ram Singh (PW 7), in -charge police post went on the spot and started investigation. In the same night Chhitaria and Goverdhan also lodged reports (Exs. P. 3 and P. 7) and gave the list of the articles vide Ex. P. 6 and Ex. P. 10, which were looted from their houses. It appears that there after the dacoits could not be traced for a long time and subsequently on April 4, 1978. Sub -Inspector, police station, Bayana sent an information to Sub -Inspector, police Station, Rupwas vide Ex. p. 11 that one Sukhpal had been arrested in some other case at police Station, Bayana. Sukhpal, during investigation informed that he was one of the persons who had committed dacoity in the house of Chhitaria and Goverdhan at Rudawal,and Sukhpal had been sent to Jail in judicial Lock -up. The Sub -Inspector Rupwas, on April 6, 1978 submitted an application vide Ex. p. 12 before before Narayan Lal (PW 8), Munsif and Judicial Magistrate, Bayana for taking the proceedings and holding identification parade of accused Sukhpal. Shri Narayan Lal Verma held the identification parade on April 7, 1978 inside Sub -Jail Bayana. Gir Raj (PW 1), Ramcharan (PW 2), Chhitaria (PW 3), Rewati (PW 5) and Sanjee were brought to Sub -Jail for identifying accused Sukhpal. Out of the aforesaid persons, Gir Raj, Chhitarmal and Rewati correctly identified the accused while Ramcharan and Sanjee did not identify. The police, aftar completing the investigation, filed a challan in the court of Additional Munsif and Judicial Magistrate, Bayana, who, subsequently, committed the case for trial to the Sessions Court Bharatpur.

(3.) THE learned Sessions Judge framed charges under Section 302, 395 and 396 against the accused. The accused denied the charges and claimed to be tried.