RAMNATH SINGH Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) These three appeals arise out of the judgment of the learned Sessions Judge, Alwar, dated 30th April, 75, by which he Convicted the appellants Ramnath Singh and Bhagwan Singh under S. 395 read with S. 397 and 396 Penal Code and sentenced them each to rigorous imprisonment for seven years on each count. Sentences were made concurrently. Appeal No. 432/75 is from jail by both. Appeal No. 334/75 and 396/75 are their represented appeals. They are being disposed of by this common judgment.

(2.) On the night between 13th and 14th Aug., 73, a dacoity took place in the house of Chhaju Ram Mahajan in village Ganjpur within police station Kathumar. The inmates of the house were sleeping. Mst. Shakuntla PW 2 wife of Chhaju Ram heard some one on the roof of the house saying that they were entitled to take away the property of Chhaju Ram as he had been taking theirs and anybody who intervened, shall be done to death. Mst. Shakuntla woke up and also awakened her daughter Dropadi PW 7. By then, the dacoits were knocking the door. Dropadi unlocked the door from inside and ran out of the room. Two persons entered the room who broke open the lock of a box. Another box was without a lock. The dacoits collected the articles out of those boxes. They then, asked Shakuntla to deliver the key of the other Kotha. When she refused then at the direction of the person standing on the roof, she was hit by a Danda in her legs. According to Mangal Ram PW 8 one of the dacoits had earlier kicked him and asked for the key. He said that the keys were with his uncle. Three persons then went to his uncle, one remained with him and one climbed the shop. He then, saw that the dacoits grappled with his uncle. They pulled him out of the 'Chappar' and shot him dead in the chowk. Shambhu Dayal PW 9 aged 14 years had similar story to tell. When Gyarsa PW 3 heard about the dacoity, and had come into the Tibara of the house, the shots fired by dacoits also hit him on the shoulder and a pellet aLso struck his niece. A report of this occurrence, was lodged in the police station Kathumar by Kanwar Pal PW 1.

(3.) The police registered a case and forwarded the dead-body of Chhaju Ram for post-mortem examination. According to Dr. D. D. Gupta PW 11, the deceased Chhaju Ram had 20 gun shots wounds. Pieces of wad and several pellets were found in the body. Gyarsa PW 3 had a gun shot wound on the right shoulder and another on the right upper arm Shambhu Dayal PW 9 had a lacerated wound on the left cheek and n bruise on the chest. One Narma had 13 gun shot wounds.