GANGA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) S. B Criminal Appeal No. 641 of 1975, filed by Ganga Singh and S. B. Criminal Appeal No. 419 of 1975 preferred by Kishan Dan through the Superintendent, Central Jail, Jodhpur, arise out of one and the same judgment of the Additional Sessions Judge, Sirohi, dated 30th June, 1975, by which both the appellants were convicted under sections 394/397, 436 and 170, IPC and sentenced as under: - Ganga Singh 394/397, Rigorous imprisonment Kishan Dan I. P. C. for ten years each. - 436, IPC Five year'srigorous imprisonment each. - 170, I. P. C. One year's rigorous imprisonment each. All the sentences awarded to each appellant were ordered to run concurrently.

(2.) THE prosecution case against the appellants was that they along with two other persons reached village Amlari on 5-5-1971 at about 5 p. m. THEy were wearing police uniforms on their bodies and were armed with deadly weapons, i. e. guns, pistols etc. In the village they met Hazari Mal, who was going to his house for a bath. Ganga Singh and Kishan Dan appellants told Hazari Mal that they had seized illicit liquor from the village and that his presence was required to attest the recovery memo. Hazari Mai refused to be an attesting witness to the Panchnama and went away to his house. He was followed by the appellants and their two associates. Kishan Dan appellant caught hold of Hazari Mal and beat him with a lathi. Out of fear Hazari Mal entered his house and closed the doors thereof. After half an hour Ganga Singh appellant and two others succeeded in gaiaing entry into his house after setting fire to the doors. Ganga Singh appellant and his companion snatched ornamenta from the bodies of Hazari Mal's mother, and wife and looted other articles which were lying in a box inside the house. THEy detained Hazari Mal's sister's daughter also and told Hazari Mal that they would kidnap her if they were not immediately paid a sum of Rs. 1000/ -. Hazari Mal paid the sum and got the girl released from their custody. THE appellants and their companions entered the houses of Kishan Lal, Dharma Chand and Tilok Chand also and robbed them of their ornaments and belongings. THEreafter, the miscreants removed two gold chains and two gold rings from the body of Tilok Chand and obtained a sum of Rs. 730/-, from his house. THE miscreants then went to the shop of Radhey Shyam and got a sum of Rs. 100/-, from him and took away one ladies wrist-watch which Radhey Shyam was wearing. THE appellants and their companions then detained An Raj who was Branch Postmaster of the village but soon allowed him to go to discharge the duties of his post. An Raj rushed to village Sildar and informed Chandu Lal, Secretary, Gram Panchayat that four persons pretending to be police officers had beaten inhabitants of the village and robbed them of their belongings. Upon receiving such information, Chandu Lal lodged a first information report at police station, Kalandari, the very day at 8 p. m. Station House Officer, Bhagwat Singh recorded the first information report and registered a criminal case on its basis. He rushed to village Amlari for investigation into the case. He inspected the site, prepared the site-inspection memos of the houses of Dharam Chand, Phool Chand, father of Hazari Mal and Kishan Lal and received lists of looted articles from Kishan Lal, Tilok Chand, Hazari Mal and Radhey Shyam. He sent the injuried to hospital for medical examination as to their injuries. THE Doctor found five bruises on the person of Praga and two bruises and one lacerated wound on the person of Kishan Lal, Later on, in the course of investigation, Kishan Dan appellant and his companion Dhudia were detained by some persons near railway station, Kagmala, upon suspicion of being involved in the commission of offences of theft. This fact came to the notice of Nazir Mohammad, Station House Officer, Bhinmal, who went there and arrested Kishan Dan, vide memo of arrest Ex. P. 19. At the time of arrest Kishan Dan was found to have in his possession twelve gold ornaments, two wrist watches, some currency notes, and coins of India and Pakistan and a few brass buttons of police uniform. THEse articles were seized there and then by the Station House Officer. THEn Ganga Singh appellant and Mudar Dan were arrested by Circle Officer, Bhur Singh on 19-5-1971 at 10 30 am. from room No. 1 of the Central Lodge, Jodhpur. At the time of arrest Ganga Singh appellant had twenty four silver ornaments, three wrist watches, a police cap and Khakhi clothes with a whistle cord in his possession. All these articles were taken by Circle Officer, Bhoor Singh into his possession. After his arrest Kishan Dan gave an information to Nahar Singh, S. H. O. on 22-5-1971 that he had concealed two radio transistors underneath a rock of Torda hillock near the temple of Mahadeoji, which is situated to the right side of the bus stand, Jalia, and that he was prepared to get them recovered at his instance. Nahar Singh, Station House Officer, recorded the above infor-mation in a memo Ex. P. 21 and thereafter recovered the two radio-transistors from the aforesaid place at the instance of Kishan Dan appellant and in consequence of his information recorded under s. 27 of the Evidence Act. THE two radio-transistors were sealed properly in the presence of Punamchand and Phulia. THE ornaments and articles recovered from the possession of the appellants were, later-on, put up in a test-identification parade held by the Tehsildar and Second Class Magistrate, Sirohi, PW. 8. Some of the ornaments and articles were correctly indentified in the parade by the victims of the robbery to be the articles which were forcibly taken away by the miscreants from their houses and possession at the time of committing robbery. Both the appellants also were put up for identification in a test-parade held by Shri R. P. Nag, Sub-Divisional Magistrate, Sirohi, and were correctly identified by Tilok Chand, Radhey Shyam, Hazari Mal and Kishanlal to be the robbers who looted ornaments and articles from their houses. After collecting other necessary evidence the police put up a challan against both the appellants in the court of the Munsiff-Magistrate, Sirohi, under sections 394,397,436 and 171, I. P. C. THE learned Magistrate held an inquiry, preparatory to commitment, and upon finding a prima facie case against the appellants, committed them to the court of the Additional Sessions Judge, Sirohi, for trial for the offences punishable under sections 170,394,397 and 436, I. P. C. THE Additional Sessions Judge tried the appellants and found them guilty of the aforesaid charges. Consequently, he convicted and sentenced the appellants in the manner stated above. Aggrieved by their conviction and sentences each appellant has preferred separate appeal. As common questions of law and facts are involved in these two appeals, and, as they arise out of one and the same judgment delivered by the Additional Sessions Judge, Sirohi, they are disposed of together by one single judgment.