ANOP SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ACCUSED appellants Anopsingh, Umedsingh and Ugamsingh have been convicted by the learned Addl. Sessions Judge, Jaipur District, Jaipur for offences under secs. 392 and 394 of the Indian Penal Code and accused Jaisingh was convicted by the same judgment under sec. 392 read with sec. 397 of the Indian Penal Code and also under sec. 394 of the Indian Penal Code and sentenced to various terras of imprisonment and fine under these offences. It is against this judgment of the learned Additional Sessions Judge dated 3rd January, 1966 that this appeal has been filed by them jointly.

(2.) THE prosecution case against the appellants was that on 14th April, 1964, at about 5 p. m. all the four accused persons came to village Jhunsa. Accused Jai Singh was armed with a single barrel 12 bore gun and the rest of the accused had Lathis in their hands. It is alleged that the accused entered the house of prosecution witness Surajmal in order to commit robbery, Jaisingh went up the roof of the first floor of the house and Umedsingh was deputed at the gate of the house and the rest of the two started ransacking the house. Boduram uncle of Surajmal who was a sleeping in a shop just near the gate of the house came out, but he was given a beating by Umedsingh and was dragged inside the house in order to handover the keys of the locks where valuables were kept. Mst. Gulabi, widowed sister of Boduram was also alleged to have been given a beating when Mst. Gulabi and Boduram refused to handover the keys. Jaisingh opened fire in the air in order to scare away the villagers, but inspite of this fire, it is said that the villagers assembled and they challenged the dacoits. THEreupon all the dacoits came out of the house and took to their heels, but they were followed by the villagers who wanted to apprehend them. THE prosecution story further reveals that while running the dacoits were dropping down the looted articles on the way. During the pursuit Jaisingh opened fire at the villagers to scare them away, but the villagers proceeded in their pursuit and some of the villagers received injuries of gun fire at the hands of Jaisingh. THEreafter the accused were over-powered by the villagers and according to the prosecution case there was a scuffle between the villagers and the accused persons and it is said that the villagers succeeded in their pursuit to apprehend the dacoits at a distance of about one mile from the village. According to the prosecution, the dacoits had decamped with cash worth about Rs. 2200/-, gold ornaments viz. , a gold chain and gold buttons and certain woollen clothes of Surajmal but all these things were dropped by the dacoits when they were being hotly chased by the villagers and therefore, the stolen articles were recovered out of which gold buttons and woollen clothes were seized by the Station House Officer Rashid Khan (PW 26 ). Surajmal constable who was deputed at the Out-post of Badal came to know at about 7 O'clock in the evening that a dacoity had taken place at village Jhunsa and therefore, he sent a telegraphic information to the Police Station, Renewal about the incident and thereafter he proceeded to the place of occurrence. Lajjaram L. C. on receiving information reached village Jhunsa at 8 45 p m. where he recorded the first information report lodged by Surajmal (Ex. P-21 ). Meanwhile Premchand Head Constable (P. W. 15) also reached the spot and started Investigation. Balu (P. W. 11) produced before Premchand Head Constable one 12 bore gun, one lathi and two bags which he is alleged to have taken from the possession of the accused persons when they were apprehended in the field. Prem Chand (P. W. 15) drew up the seizure memo of these articles which is Ex. P-l on the record. THEreafter Rashid Khan, Station House Officer, reached the village at about 1. 45 a. m. Surajmal produced five gold buttons before the Station House Officer as having been found by him lying on the path in front of his house which according to him were stolen by the accused persons during the commission of the offence. THEse buttons were seized by the Station House Officer under seizure memo Ex. P-4. One Ranbirsingh then produced six alleged stolen clothes before Rashid Ahmed which were also seized by him under seizure memo Ex. P-3. While lodging the first information report it was disclosed by Surajmal that all the stolen articles which had been thrown by the accused while running away and which had been picked up by the villagers, had been scattered inside his house and therefore, Rashid Khan instructed the inmates not to enter the house till it was inspected by him in the morning. Next morning Rashid Khan inspected the house but he did not find anything scattered in the house of Surajmal. THEreafter he prepared a site plan Ex. P-26 at the instance of Surajmal. It is alleged by the prosecution that the accused persons received severe injuries during the scuffle. All the four accused persons were then sent for medical examination to the Primary Health Centre, Renewal on 15th April, 1964. Dr. Brahm Dutt (P. W. 27) examined them. Accused Jaisingh was found to have sustained as many as 13 injuries out of which injury No. 12 was suspected to be a fracture and he was advised for X-ray. Accused Anopsingh received 8 injuries. Accused Ugamsingh also received on his person seven injuries and Umedsingh accused had also received seven injuries. Those villagers who received injuries at the hands of the accused persons were also sent for examination and they are Bhagwan Sahai, Hanuman, Hukamsingh, Jamuna, Lallu, Ramniwas, Balu and Roda. Dr. Shyamnath Mishra (P. W. 14) found minor injuries on their person. THE other four villagers Raghunath Singh, Ramdeo, Devisingh and Lalu were examine d by Dr. Brahm Dutt on 15th April, 1964 and they were also found to have received injuries on their person, but all of them were minor.