STATE OF RAJASTHAN Vs. MUNNA SHAH

JUDGEMENT

(1.) The instant murder reference for confirmation of death sentence and batch of appeals arises out of a tragic incident as a result of conspiracy for robbery. The appellants A-1 Munna Shah S/o. Mubarak Shah resident of Ziraniya, State of Madhya Pradesh, A-2 Raju Yadav @ Iqbal S/o. Sultan Ahmed Kureshi resident of Sahapur (M.P.), A-3 Munna @ Dilip S/o. Mangilal resident of Sahapur (M.P.) and Kalu Ram @ Kalu Lal were sent up for trial on charge of robbery and murder before the court of Additional Sessions Judge (Fast Track), Pratapgarh. The learned Judge by the impugned judgment dated 21st June, 2006 having found the appellant A-1 Munna Shah guilty of offence under Section 302 I.P.C. condemned to death. He has also been convicted and sentenced for cognate offences. The appellant A-2 Raju Yadav @ Iqbal and A-3 Munna @ Dilip have been convicted of offence under Section 302/120B I.P.C. and each of them sentenced to imprisonment for life and to pay a fine of Rs. 1000/-; in default of payment to further undergo one year's rigorous imprisonment. They have also been convicted and sentenced for the cognate offences. The learned Additional Sessions Judge has made the statutory reference under Section 366(1) of the Code of Criminal Procedure for the confirmation of death sentence. While all the three appellants A-1 Munna Shah, A-2 Raju Yadav @ Iqbal and A-3 Munna @ Dilip have preferred appeal against their conviction, the State has preferred an appeal against part of the judgment acquitting accused respondent Kalu Ram @ Kalu Lal. The factual score as emerged during the trial is that appellant A-3 Munna @ Dilip resident of Sahapur was married at Pratapgarh the place of occurrence. A-2 Raju Yadav @ Iqbal is also resident of Sahapur, State of Madhya Pradesh. They are said to be friends. A-3 Munna @ Dilip settled in Pratapgarh. He used to sell vegetables on a Thela on the Bus stand of the Town. Kalu Ram is also a vegetable seller running a Thela at the Bus Stand. A-2 Raju Yadav @ Iqbal was arrested in connection with a theft case. He was detained in Jail at Pratapgarh. He came in contact with A-3 Munna alias Dilip. A-1 Munna Shah was also known to A-2 Raju Yadav @ Iqbal. It was in the knowledge of both the vegetable seller that Petrol Pump owners used to visit Bank for depositing the huge amount. Thus, the accused persons hatched a plan of committing the robbery. A-1 Munna Shah assured for arranging the necessary weapons like pistol. A-1 Munna Shah and A-2 Raju Yadav @ Iqbal arrived at Pratapgarh on 7.10.2003. It is alleged that they stayed in Room No. 1 of Ambika Hotel during the period 7.10.2003 to 15.10.2003. A3 Munna @ Dilip and Kalu Ram @ Kalu Lal were regular visitors. They also used to talk secretly. It is further alleged that they used to keep watch on the persons of the Petrol Pump visiting the Bank for depositing the amount. The Branch of the Rajasthan Bank is situated on the First Floor of the building on the Bus Stand in Pratapgarh Town.

(2.) On 15.10.2003 at about 10.15 A.M. P.W. 1 Rakesh left the Petrol Pump on a Scooter carrying an amount of Rs. 8,46,850/- in a Bag. He parked the Scooter in front of the Bank. He reached on the First Floor and passed through the channel gate. Abruptly a person arrived from back and asked him to release the bag of currency notes. When he turned round the said person pointed pistol at him. He became panicky but refused to pass on the Bag, on which he fired pistol, hitting on his chest and snatched away the bag. He ran down with the bag and boarded the awaiting Motor-Cycle parked on the road in motion mode with another miscreant occupying the driving seat. The third miscreant was standing nearby. He also came down. The gun shot fire and his cries attracted the employees and others on the sport. The miscreant with bag in hand shouted, asking the third miscreant calling by name "Dilip" to run away, on job being accomplished. One labourer namely Mahesh, standing nearby nabbed the miscreant (who had fired) and threw him on the ground. Meanwhile the other two miscreants speed up motor-cycle and ran away. The miscreant, who had fallen on the ground soon stood up and filed at Mahesh and took his heels towards Krishi Upaj Mandi with the bag of currency notes in hand. Mahesh fell down. P.W. 13 Mukesh, P.W. 20 Tej Singh took Rakesh to the hospital on the scooter. The police received a telephonic information, after making entry in the Rojnamcha at 10.22 A.M. rushed to the spot. The police flashed the news of the incident on wireless to all concern and arranged blockade on all roads providing way to move out of Town. P.W. 27 Vikram Singh, S.H.O., Police Station, Pratapgarh went to the hospital and recorded the statement of Rakesh Paliwal. On the basis of the Parcha Bayan Ex. P1, Police registered a F.I.R. for offence under Sections 307, 397, 398, 302, 120B I.P.C. and 3/25 of the Arms Act. The police inspected the site and recovered the incriminating articles particularly empty cartridge and bullet. The appellant A-1 Munna Shah was arrested red handed with pistol and the bag of currency notes. On inspection of the pistol a burnt and a live cartridge was found, which were separately sealed and packed. Mahesh Gwala collapsed on the spot. His body was sent for post-mortem. Police also seized the Visitors Register from the Ambika Hotel. The motor vehicle used in the crime found abandoned was also seized. On the same day the appellant Kalu Lai was also arrested. From his possession the clothes of the appellant Munna Shah were recovered. A police team was dispatched to State of Madhya Pradesh for the arrest of two other accused persons i.e. Raju Yadav @ Iqbal and Munna @ Dilip. P.W. 15 Bheru Singh A.S.I. arrested appellants Raju Yadav @ Iqbal and Munna @ Dilip vide Ex. P16 and Ex. P 17 respectively from village Sahapur, State of Madhya Pradesh on 22.10.2003. Both of them were brought to Pratapgarh. On 3.11.2003 the identification parade was arranged. Police also recovered currency notes from the possession of Raju Yadav @ Iqbal. After usual investigation police laid charge-sheet against the appellants for offence under Sections 120B, 397, 398, 307 & 302 I.P.C. read with Section 3/25 of the Arms Act. The appellants denied the charges levelled against them and claimed trial. The prosecution in support of the case produced oral and documentary evidence. The appellants in their statement under Section 313 of the code of Criminal Procedure denied the correctness of the prosecution evidence appearing against them and pleaded innocence. The trial culminated in conviction of the appellants by the impugned judgment as indicated above. The accused appellant Kalu Ram @ Kalu Lal was acquitted of the charge.

(3.) It is not in dispute that Mahesh Gwala died of homicidal death. P.W. 5 Dr. Manmal Sankhla was one of the member of the Medical Board, which conducted autopsy on the dead body of deceased Mahesh Gwala and noticed the following ante mortem injuries vide post-mortem report Ex. P13:-