PYARE SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been directed against the judgment dated 10.1.1975 of the learned Additional Sesssions Judge, Alwar where by he convicted the accused-appellant Pyare Singh alias Banta Singh son of Atar Singh for committing dacoity in the house of Madanlal and Ramesh Chandra under Sec. 395 I. P. C, and sentenced him to undergo rigorous imprisonment for a period of five years and a fine of Rs. 100.00 and in default of payment of fine to further undergo rigorous imprisonment for six months.

(2.) Tersely speaking the prosecution case as disclosed at the trial was that on the intervening night of 4/5th Aug., 1969 a dacoity was committed in the house of P. W. 3 Madanlal and P. W. 4 Ramesh Chandra. The dacoits, inflicted injuries on the person of Madan Lal and robbed him, went to the shop of Ramesh Chandra, asked hin to handover the key of the safe, opened it, brought out silver and gold ornaments and decamped with the property. The F. I. R. Ex. P. 4 of this occurrence was lodged at the police station, Ramgarh on 5.8.69 at 7.30 a.m. P. W. 3 Madan Lal, Anguri, Santa were injured during the course of dacoity at the hands of the dacoits. They were clinically examined by the P. W. 1 Dr. A. C. Dutta. A chalian under section 395/397 was filed against Harnath, Man Singh, Kukko in the court of Additional Munsif Magistrate, Alwar. As the appellant Pyare Singh could not be apprehended he was shown amongst the list of absconders. The three accused were committed to the court of Addl. Sessions Judge, Alwar who by his judgement dated 24.10.72 convicted accused Harnath Singh under section 395 I.P.C, and sentenced him to three years' rigorous imprisonment. Rest of the accused were acquitted of the charges framed against them.

(3.) Later on P.W. 5. Kishan Singh, the Investigating Officer of this case, came to know that the appellant Pyare Singh was in jail at Alwar in connection with some other case. On 6.9.1973 an identification parade was held at Alwar Jail for identifying the accused in test identification by the victims of the dacoity.'The tests identification was held under the supervision of P. W. 6 Jagannath Chandel, First Class Magistrate and the identification memo is Ex. P. 7. The police after usual investigation submitted a challan against the accused in the court of Additional Munsiff and Judicial Magistrate, No. 5, Alwar, who committed the accused to stand trial under section 395 1. P, C. in the court of Additional Sessions Judge, Alwar. The learned Additional Sessions Judge placing reliance on the statements of P. W. 3 Madan Lal and P. W. 4 Ramesh Chandra corroborated by the test identification memo Ex. P. 7 and the statement of P. W. 6 Jagannath Chandel as well as P. W. 1 Dr. A. C. Datta and the First Information Report Ex. P. 4, convicted the accused-appellant under section 395 I. P. C. and sentenced him as mentioned above. The convicted accused-appellant has challenged the conviction awarded to him by this appeal.