KEWAL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order of the Addl. Sessions Judge No.1, Alwar, by which he has convicted the appellant under Sections 394, 307 and 326 of the Indian Penal Code and sentenced him to life imprisonment and a fine of Rs. 1,000.00 under Sec. 394, IPC. He has further been convicted to undergo 10 years rigorous imprisonment and a fine of Rs. 10,000.00 and in default of payment of fine to further undergo one month's simple imprisonment under Sec. 307, IPC. The appellant has also been convicted for 10 years rigorous imprisonment and a fine of Rs. 5,000.00 and in default of payment of fine to further 9 months simple imprisonment under Sec. 326, IPC.

(2.) The case of the prosecution as given out in the parcha-bayan/written report Ex.R13 lodged by PW/6 Baldeo Singh is to the effect that on 10.1.1992, he was approached by a man in the night and he hired a taxi bearing No. DNH/6730 for reaching him from Delhi to Alwar. The description has been given therein that he was tall, of dark complexion, wearing chain and was a Sardar. It has also been stated that it was disclosed to him that the said man had to go to Alwar to meet one of his relatives who was ailing. The informant accordingly started with the accused for Alwar and, on the way of Ramgarh to Govindgarh, he was asked by the accused to stop as he wanted to urinate. Accordingly, he stopped the car on the way and both of them went to attend the call of nature. In the meantime, he saw that suddenly the man started giving beating to him and caused injuries on his head, mouth and hand. It has also been given out in the parcha-bayan/written report that the taxi, which was a Maruti Van was hired by that man at the rate of Rs. 3/- per kilo-metre It has still further been stated that he started from Delhi and went to Majnu Ka Teela, were he stayed for five minutes. Thereafter he stated that since the ladies had gone with some other relatives, both of them started together. The informant has given out the No. of Maruti Van as DNH/6730. The report further states that the man forcibly went away with the Maruti Van and the time which has been disclosed by him is around 4.00 a.m. It has also been claimed by him in the Parcha-bayan that if the Sardar, as described by him, is produced, he would be in a position of identify him. An FIR was registered on the basis of this parcha-bayan for offences under Sections 394 and 307, IPC.

(3.) The police, on the basis of this written report, started investigation and arrested the appellant from the house of his sister at Alwar, which was his destination and recovered one Khanjar and Maruti Van No. DNH 6730. After investigation, a charge-sheet was submitted against the accused-appellant for the offences under Sections 394, 307 and 328, IPC. After completing the necessary formalities of commitment proceedings, the matter was transferred to the Court of Addl. Sessions Judge No. 1, Alwar, where the trial of the case took place.