POPI AND OTHERS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned Sessions Judge, Bharatpur, dated 3-7-71 by which he convicted the appellants under sections 399 and 402 Penal Code and sentenced them each to rigorous imprisonment for three years and two years respectively. Both the sentences were directed to run concurrently. I heard arguments and perused the record.

(2.) The brief facts of the case are that it was reported at the police station Pahadi, District Bharatpur that the appellants had assembled in the night of 30-9-1970 in Idgah at Pahadi Guwal at a distance of five furlongs from the police station Pahadi for the purposes of preparing for the committing dacoity. The S.H.O. Karan Singh PW 4 proceeded with a party of constables to the place at about 11:30 p.m. The police force surrounded the accused and fired a very light pistol. The accused tried to escape but the police -force succeeded in arresting them. From the possession of the accused fire arras were recovered except in the case of Kartar Singh from whom a sword was recovered. The recovery memos are Ex. P. 2 to Ex. P. 7

(3.) The accused took up the plea that they were innocent. They were arrested long before the occurrence by the S.H.O., Kama. They were subjected to beating and kept in the police lock-up where even bribe was demand from them by the police officers for their release. They were then brought in a truck to police station, Pahadi on 30-9-70. A story of their being caught at Idgah in Guwal Pahadi was refuted by them. Kartar Singh enforced his plea by producing his wife Mst. Pyaro Bai GW 3 to depose that when her husband was unlawfully detained by the police station. Kama, an application for bail was made in the court of the Additional Munsiff-Magistrate Deeg. It was rejected on 25-9-70 because the police reported that the accused Kartar Singh was not arrested at all by them, nor was he wanted in the case mentioned in the bail application. The order of the learned magistrate is Ex. D 3. She also proved one more application Ex. D. 2 which she posted to the Sessions Judge, Bharatpur, on 27-9-70. It was received by the Sessions Judge on 29-9-70 and forwarded the same day to the Superintendent of Police, Bharatpur for necessary action. In this application, She had stated that her husband was detained in the police station, Kama right from the 1st Sept., 1970, and he was put to torture and the police was even denying that they had detained him. This evidence was led by Kartar Singh in order to show that on 30-9-70 when he is alleged to have been arrested at the Idgah Pahadi Guwal, he was already under detention in the police station, Kama and it simply was not possible for him to be there at the said Idgah.