DATA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE facts of this appeal are that on 7-11-1961 at about 1. 30 in the night 12-13 persons came to village Lakhan pur within police station, Nadbai to commit planned dacoity at the house of Poorna, Sobhararn, Motiram, and Girdhari. They found three persons sleeping in the verandah of the house of Moti Ram and therefore, three of the dacoits stayed in the verandah to prevent sleeping persons from possible intervention, One or two of the dacoits reached the roof of the house and opened the main door from inside. The remaining dacoits entered the house and looted silver and gold ornaments and clothes from the houses of the said persons. Sobhararn went to Subedar Charanjit Singh in village Daya-wali for help. Charanjit Singh and nine ten persons came to the scene of occurrence and fired their guns. The dacoits were scared and fled away with their booty.

(2.) IT was alleged that the dacoits had first assembled in Kiraoli and had from there started on bicycles. One Jhamman happened to meet them near Uchhain and on inquiry the accused told him that they were going to meet their relations. Upon a report of the occurrence having been lodged by Bhogi Ram at the police station, Nadbai, a case was registered and investigation was taken up mainly by S. H, O. Chatursal P. W. 14. The police recovered some empty cartridges and pellets from the scene of occurrence. The victims gave the police lists of the stolen articles. The police arrested the accused. On 22-12-1961 the houses of accused Data Ram and Salig Ram were searched in the presence of Bhogi Ram and Girdhari. Some looted articles were recovered from their houses, vide recovery memos Ex. P. 10 and Ex. P. 11. Upon his information and at his instance, one country made pistol was recovered from the possession of accused Daulta, vide recovery memo Ex. P. 2 dated 2-10-1962. Accused Ram Sanehi produced a gas lantern 'prabhat' No. 426 on 3-1-1962, vide Ex. P 13 and later on became an approver. The police also searched the house of accused Bahori and Ahiram on 4-1-62 and 16-1-1962 respectively. In the presence of their wives, some looted articles were recovered vide Ex. P,. 15 and Ex. P. 16. Upon the information given by Ramji Lal, one pair of silver wristlets was recovered from his box, vide recovery memo Ex. P. 19 of 12-3-1962.

(3.) AFTER test identification of the articles and the accused, the police put up a challan against 10 persons, Data Ram and others. One of the accused since then died in an encounter and one is alleged to have absconded. Therefore, only 8 persons in all were tried.