AZIZKHAN Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by the accused Aziz Khan, Kasim, Jittu Singh, Banney Singh. Sanwata and Prahlad who have been convicted by the learned Sessions Judge, Jhunjhunu under sec. 395, I. P. O. and sentenced to 7 years' rigorous imprisonment each.

(2.) THE prosecution case is that on the 2nd of September, 1955 a dacoity took place at the houses of Chiranjilal, Banwarilal, and Prahlad Rai Mahajans of village Bhawatri under the police station Surajgarh in the district of Jhunjhunu, and that the six appellants along with Richpal Singh were the dacoits. It is alleged that all these seven persons came on three camels to the village Bhawatri in the afternoon of the 2nd September, 1955. Aziz Khan was in a Khaki dress and a hat and was armed with a gun, Jittu Singh and Prahlad had 'kirchas' (swords) and Banney Singh and Sanwata also had a gun each. THE remaining two persons, namely, Richpal Singh and Kasim had a lathi each. At the house of Chiranjilal Mahajan on the date of occurrence four carpenters were working, namely, Mahadeo, Bajranga, Nathu and Chandgi. All the above named seven persons entered the house of Chiranjilal, which is also shared by his brother Banwarilal, on camels. Prahlad and Jittu Singh after getting down from the camels came near Chiranjilal and began to beat him and demanded the key of his safe. THE carpenters were also given some beating and were driven out of the house. Chiranjilal refused to give the key of the safe on which Sanwata, Kasim and Richpal Singh broke open the locks of rooms, boxes and almirahs and took out a lot of property by way of clothes, ornaments and cash. When Jittu Singh, Kasim and Richpal Singh were busy in looting the property from inside the house, Aziz Khan armed with gun took his stand on the roof of the house of Chiranjilal and Banwarilal. Banney Singh stood outside the gate of the house armed with his gun. THE dacoits first looted the property of Banwarilal and Chiranjilal and then went to the house of Prahladrai along with Chiranjilal. THE dacoits broke open the locks of the rooms, almirahs and boxes inside Prahladrai's house and looted property by way of ornaments, clothes and cash. THE entire looted property from the two houses was filled up in bags which were loaded not only on three camels which the dacoits had brought with themselves but also on two other camels one belonging to Chiranjilal and the other to Banwarilal. Clothes, ornaments, cash and other looted property along with the two camels one of Banwarilal and the other of Chiranjilal with their saddles and other equipments were taken away thereafter by the dacoits.

(3.) I have considered the arguments of the learned counsel for both the parties. So far as the factum of the dacoity is concerned, there is not the least doubt about it. Learned counsel for the appellants himself did not seriously challenge that a dacoity took place at the houses of Bhanwarilal, Chiranjilal and Prahaladrai on the date in question, and a lot of property was looted from their houses. Sri Hardayal Master P. W. 3. who is teacher in a school adjacent to the house of Chiranjilal and Banwarilal, deposed that on the date of occurrence between 4 and 5 p. m. , he was standing at the gate of the school when from north side seven persons came on three camels armed with two swords, three guns and two lathis. These persons were not known to the witness from before. They got down from the camels near the school and went towards the house of Banwarilal Mahajan. One of these persons took his stand near the gate of the said house of Banwarilal and remaining six entered that house on three camels. When these persons reached inside the house, the carpenters Mahadeo, Chandgiram, Bajranglal and Nathu as well as Chiranjilal raised an alarm and all the four carpenters came out. One of the dacoits was putting on Khaki dress and a hat over his head and one of them took his stand on the roof of the house of Banwarilal and Chiranjilal. The witness himself saw after the dacoity that the decoits had taken away a number of bigs on five camels out of which three had been brought by them and two belonged to Bhanwarilal and Chiranjilal. Nathu P. W. 4 stated that he was working as carpenter at the house of Banwari Lal and Chiranjilal on the date in question and that at about 5 p. m. when he was working there along with three other carpenters, namely, Chandgiram, Mahadeo and Bajranga, he saw that seven persons came from north side on three camels and entered the house of Chiranjilal and Banwarilal. Chiranji Lal was also there at that time. These persons were armed with three guns, two swords and two lathis. They were unknown to the witness. Having entered the house, they began to beat Chiranjilal. The witness along with three other carpenters came out of the house. One of these seven persons was putting on Khaki dress and a hat over his bead and had a gun with him. Bajranga, who was also a carpenter working inside the house at the time of the occurrence, deposed that seven persons came on three camels armed with guns, swards and lathis. The witness, who was also a carpenter, being terrified got out of the house and remained hidden in the house of a Brahman and came out when the dacoits had gone away. This witness identified the piece of the sword Ex. P. 6 as the one which was found at the house of Chiranjilal and Banwarilal after the dacoity. Chiranjilal P. W. 12 gave a detailed account of the dacoity. He said that four carpenters Mahadeo, Bajranga, Chandgiram and Nathu were working at his house on the date of occurrence when 7 persons mounted on three camels and armed with three guns, two swords and two lathis came to his house at about 5 p. m. One of them was dressed in Khaki and had a hat on his head and he took his stand on the roof of his house; another who was also armed with a gun, took his stand at the gate of the house and two of them who had swords asked the witness to point out as to where the safe was and when the witness refused to tell them he was given beating by these two persons with sheathed swords. Three of the dacoits broke open the locks of the almirahs, rooms and boxes, and took out a lot of property while the witness was being beaten with the two swords. The witness further stated that the dacoits took away a lot of clothes, ornaments and cash from the house which belonged both to him and his brother Banwarilal. The witness proceeded to say that thereafter the dacoits went into the house of Prahlad Rai which was adjacent to his house and there too they looted a lot of property. The looted property was filled up inside several bags which were loaded not only on the three camels belonging to the dacoits, but also on the two camels belonging to the witness and bis brother Banwarilal. These two camels along with saddles and other equipments were taken away by the dacoits. Shyam Sunder P. W. 10 who is the son of Banwarilal and the nephew of Chiranjilal, also supported the prosecution case about the dacoity. He was a boy of ten years at the time of the occurrence and the learned Sessions Judge after satisfying himself that he did not understand the significance of oath but realised the value of truth recorded his statement without oath. He too stated that seven dacoits had come on three camels at about 4 p. m. on the date of occurrence and got down from the camels near the school adjacent to the house of Banwarilal and Chiranjilal. One of the dacoits was dressed in khaki and had a hat on his head. He asked the witness whose son he was on which the witness said that he was the son of a poor Mahajan. That dacoit then asked the witness to get away. The witness stated that the said dacoit had a gun in his hand. The witness being terrified came out of the house and ran towards the house of Bhoora Singh Rajput when he saw his uncle Chiranjilal being beaten by the dacoits. He stated that three of the dacoits were armed with guns, two with lathis and two with swords.