HALKEY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant Halkey was one of the two persons who were tried by the learned Addtional Sessions Judge, Gangapur City, under section 307 I. P. C. By his judgment dated April 20, 1977, the learned Judge acquitted the co-accused Kishori but convicted the appellant Halkey under section 307 to under go rigorous imprisonment for 5 years and to pay fine of Rs. 500.00, or in default, to undergo further rigorous imprisonment for six months.

(2.) The case of the prosecution which resulted in the conviction and sentence of the appellant, as aforementioned, is that on receipt of information that Halkey accused and other dacoits would be coming to Kailadevi along with a particular Nala, the S. H. O. Khemsingh, P. S. Kailadevi, posted his men at three different places to intercept the dacoits. It is alleged that the police party, consisting of 8 persons headed by Head Constable Nathuwalal, lay in ambush behind the embankment of the Nala near Lalman's house in village Kaser. The party saw the dacoits coming down the Nala towards them. They challenged the dacoits when they were at a distance of nearly 40 or 50 yards from them. It is alleged that from that distance the dacoits fired at the members of the police party who were laying in ambush behind the trees. The police party returned the fire. The dacoits ran away. The police party then chased them for some distance, but without any success.

(3.) It is alleged that Head Constable Nathuwalal and constables Parasram, Ramkarandas and Ramsingh, were able to see the bandits in the moonlight from a distance 40 or 50 years and thus discovered that they included the appellant as well. The first information report, which was recorded the same night, at the instance of Nathuwalal, mentioned the names of all the four culprits including the appellant Halkey.