STATE Vs. DALLELA

JUDGEMENT

(1.) These two cross -appeals arise against the judgment of the learned Sessions Judge, Jhunjunu, dated the 18th of June, 1955 by which he has acquitted Dallela alias Dalel Singh for offences under secs. 302/34 and 364, I. P. C. He was convicted under sec. 342, I.P.C. and sentenced to one years rigorous imprisonment. Both the State and the accused have filed appeals against that order. The appeal on behalf of the State is Criminal Appeal No. 161 of 1955 and the appeal on behalf of the accused is Criminal Appeal No. 121 of 1953.

(2.) The prosecution case briefly is that on the 24th of September, 1953, Dalela accused along with two other persons went to the house of Swami Bishoda Nand (also called Yashoda Nand) in the village Barwa in the after -noon. At the house of Swami there were Mst. Naraini P. W. 9, Shri Onkar Singh P. W. 5, and Phuia Mina P.W. 12. Mst. Naraini was a Jat girl but was brought up by Swamiji. Onkar Singh was a Police Constable who had come to serve a process on the Swamiji from the police out -post. Phulia was a cultivator who had come from another village to obtain medicine from Swamiji. Naraini was sleeping in the Tibari of the house and a dacoit came to her. He was armed with a gun. He removed the blanket with which she had covered herself and gave a slap on her face and told her to show the cash and ornaments of the Swamiji. On her reply that she knew nothing about it, he went away to the Swamiji who was sitting in another part of that house. The dacoits were three in number. They tied the hands of swamiji with a rope and began to beat him with a lathi. Swamiji had a camel in the nohra. It was brought and the Swami was made to sit on it and tied and was being taken away. Naraini asked the dacoit as to where they were taking Swamiji and the dacoits replied that they were taking him to Nawalgarh Thana and would send him back next morning. At that time the sound of a bus coming from Nawalgarh side was heard. The dacoits asked Onkar Singh on threat of shooting him dead to stop the bus. Onkar Singh as stated earlier was a police constable. On the singal by Onkar Singh the bus stopped. The bus was driven by Bajranglal P. W. 2. himram P. W. 4 was the cleaner and Gakul Singh was the conductor of the bus. In that bus there were about 20 to 30 passengers including one Circle Inspector of police, Shri Ismail. There were two constables also in it. One of them was Rankanwar Singh P. W. 17. The Circle Inspector was asked to get down and he did so. The driver was also forced to get down and the ignition key of the bus was taken from him. One of the dacoits fired his tommy gun at the Circle Inspector in front of the bus with the result that the Circle Inspector fell down on the ground and died immediately. Then all other passengers were asked to get down and they were asked to throw all their cash and ornaments on a piece of cloth which the dacoits had spread before them. The passengers threw their cash and ornaments. The two constables were made naked and were beaten. Later on the dacoits damaged the bus so that it could not move, took the watch of the Circle Inspector and went away taking Swami Bishoda Nand on the camel. It is alleged by the prosecution that Dallela was driving the camel on which Swami Bisohda Nand was made to sit in his front. Bishoda Nand was not seen or heard thereafter but is alleged to have been killed by the dacoits who abducted him.

(3.) The first information of this incident was made by Gokal Singh at Police Station, Udaipur at 10 a. m. on the 24th of September, 1953. The police reached the spot and investigated the case. Dallela accused was arrested by the Punjab Police at Rohtak of which information was received by the Rajasthan Police on the 18th of Jane, 1954 and he was brought by the Rajasthan Police on the 20th of June, 1954. During the course of investigation, a skull and a few other bones were recovered on the 29th of September, 1953 in the jungle near Bausdi by a part) of constables who had gone in search of Swami Bishoda Nand. The party followed the foot prints of the camels for some distance but they were not visible after the village Bausdi. About a mile from that village they found that a saffa was lying on a small bush. At a distance of about 20 paces from this bush a skull without lower jaw was recovered. A pair of shoes, a handkerchief, torn shirt and two pieces of Dhoti were also lying near about the skull. The clothes were ail stained with blood. The earth of the place was also stained with blood. Lalaram, one of the party went to make a report to the Sub - inspector Shri Shokin Singh P. W. 1. He went on the spot and took all these articles in his possession. On investigation it was found that the articles Exs. 1 to 5 were the same which were on the person of Swami Bishoda Nand when he was abducted from his house.