RAMANAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Since all the three above titled appeals arise out of the judgment and order dated 25/2/1984 in sessions case No. 13/81, they are being decided by this common judgment.

(2.) On 17-6-1980, PW 3 Babulal lodged a written report, Ex. P6 at Police Station, Bassi alleging therein that on the previous night at about 8-9 PM, 8-10 dacoits wearing 'Khakhi' dresses, duly armed with guns enters his house and gave beating to PW 1 Damodar. They broke open the locks of the shops and opened fire, the pellets of which hit one Pokhar Balai of village Badawa. It was alleged that the dacoits broke open the lock of his room and after breaking iron safe looted gold and silver ornaments and he would submit the list of looted property. Lastly it was alleged that dacoits also broke opened the lock of the room of Damodar and took away watch etc.

(3.) On the basis of aforesaid written report, the Police registered a case for offence under Sections 395, 397 and 307 IPC vide FIR Ex. P29 and proceeded with the investigation. In the course of investigation, the police prepared site plan, Ex. P.8, arrested the accused, got conducted identification parade, recovered the looted property on the information and at the instance of the accused and having completed investigation, police submitted a charge sheet against the accused in the court of learned Judicial Magistrate Dausa. The learned Magistrate having found the offence exclusively triable by the court of Sessions, committed the case to the court of Sessions. The learned trial Judge, on the basis of evidence and material on record framed the charge under Sec. 395 and 412 IPC, to which the accused pleaded not guilty and claimed trial. In support of its case, the prosecution examined as many as 25 witnesses and got exhibited certain documents. Thereafter the accused were examined under Section 313 Cr.P.C. In their explanation, the accused denied the prosecution allegations and offered their explanation. Some of the accused also got examined some witnesses in their defence.