JAI SINGH AND ORS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) All these appeals arise out of the judgment dated, 8.11.1989 of Additional District and Sessions Judge, Baran in Sessions Case No. 147/87 whereby the accused persons were convicted and sentenced as under:

(2.) The facts of the case have been detailed out extensively in the impugned judgment of the trial Court which is under challenge in this appeal and they indicate that in the night intervening 3/4.6.1987, an armed dacoity was committed in the house of Ram Lal Banjara in village Devpuria. It is alleged that 8-9 miscreants entered in the house and two of them were armed with guns. In the house, Ram Lal Banjara and his wife Smt. Pari were there. Ram Lal ran away seeing the Dacoity and came back to his house after some time. The miscreants, then, made gun fires on him causing his death on the spot. Smt. Pari wife of Ram Lal was caught and tied with a rope and she was assaulted by the miscreants for making disclosure about the ornaments and cash, It was a moon-lit night and the miscreants were also having torches which they used at the time of committing dacoity. Thereafter, the miscreants ran away towards the jungle with valuable ornaments and currency notes. An oral report of the incident was made by PW 8 - Bihari S/o Chatra who was having his house in the same vicinity, on the same night at 1 a.m. at Police Station, Mothpur. On this report, crime No. 33/87 was registered Under Sections 395, 398, 397 Indian Penal Code.

(3.) After registration of the case, investigation commenced and inquest report (Ex. P/1) of the dead body of Ram Lal was prepared on 4.6.1987. The autopsy on dead body was conducted by the Medical Officer, Raj Kishore Saxena vide post-mortem report, Ex. P/19. The police also prepared site plan, Ex. P/4 and 'Fard Mauka' Ex. P/5. The empty cartridges were recovered from the place of occurrence. During investigation, the accused persons were arrested and at their instance and on their information gold and silver ornaments were recovered. Identification parade was also arranged for identification of the accused by the witnesses. After completion of usual investigation, a charge-sheet came to be filed against 7 accused appellants Under Sections 395, 396, 412 Indian Penal Code and Under section 3/27 of the Arms Act before the concerned Magistrate. After committal of the case, they were tried in the Court of learned Additional Sessions Judge, Baran. The learned Addl. Sessions Judge framed charges on 7.1.1986. Charge Under section 396 Indian Penal Code was framed against all the appellants. In addition to this, charge Under Sec. 412 Indian Penal Code against appellant Hazari and charge Under Sec. 3/27 of the Arms Act against appellant Bihari were also framed.