RAM KHILADI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These appeals are directed against the judgment of the learned Additional Sessions Judge, Dholpur, by which he convicted Panchu, Shera and Ram Khiladi under actions 395 and 457 IPC. He sentenced them under section 395 Penal Code to rigorous imprisonment for five years and to a fine of Rs. 100 in default where of to undergo rigorous imprisonment for two months and under section 45.7 Penal Code to rigorous imprisonment for two months.

(2.) The brief facts of the case are that a dacoity was committed in the house of Hira Singh of Dodhikapura Moja Sikroda, Police Station Bari, District Bharatpur on the night intervening 4th-and 5th Jan., 1974 at about 9 p.m. The dacoits were 15-20 in number, stealthily entered the house and carried away ornaments, apparels, and watches. While committing dacoity, they frightened the inmates of the house by firing their guns Six of the offenders were armed with guns and pistols while the rest were armed with lathis. In the F.I.R. Ex. PI Hira Singh stated that one of the dacoits who was of short stature was said to be Mora. He tried to identify the other accused persons and he found that one looked like Kundan of Chhotikapura, other two looked like Moji and Ram Khiladi . It was also reported that the dacoits had also ransacked the houses of Gulab, Uttam, Ram Prasad and Udai Singh. Upon a report of this occurrence having been lodged in the Police Station, Bari, a case under section 216, 458 and 380 Penal Code was registered and investigation begdft.

(3.) Ram Khiladi accused was arrested on 30-1-74. He gave disclosure statement Ex. P5 to S.H.O, Ram Takshak PW 11. In pursuance of this information, head constable Ram Das PW4 recovered one embroidered bag and one green Chaddar and a Saree of golden fabric at his instance from his house lying under a stack of fodder. These articles were later on identified by Ram Beti PW8 and Hari Singh PW9 in the test identification held before the Judicial Magistrate, Dholpur, vide memo Ex. P7.