RAMJILAL & ANOTHER Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) These two appeals one represented appeal filed by Ramjilal and Rambharosi registered as S.B. Criminal Appeal No. 642 of 1974 and the other filed by Gulla through jail registered as S.B. Criminal Jail Appeal No. 675 of 1974 are directed against the same judgment dated Sept. 26, 1974 of the learned Additional Sessions Judge, Gangapur City. As such both of them are being disposed of by a common judgment.

(2.) The learned Additional Sessions Judge convicted Ramjilal, Rambharosi and Gulla under Sec. 395/397 I.P.C. and sentenced each of them to undergo seven years rigorous imprisonment. However, they were acquitted of all other charges framed against them. The other accused Atar -Singh tried along with the above named three appellants was acquitted of all the charges framed against him by the same judgment.

(3.) The prosecution story as disclosed at the trial is that a dacoity took place in village Ramnagar on the intervening night of 9th and 10th Oct., 1973 at 10.30 p.m. During the course of that dacoity PW 5 Jinsi, PW 9 Ratan, PW 10 Ram Charan and PW 11 Ghisiya were injured. Their injury reports are Ex, P 7, Ex. P 12, Ex. P 9 and Ex. P 10 respectively. The houses of PW 1 Mangal, PW 3 Mst. Govindi, PW 4 Nathuwa and PW 14 Mst. Phabuli were ransacked and the accused decamped with the property. The information of this occurrence was lodged at the Police Station Keladevi by PW 4 Nathuwa on the same night at 11.45 p.m. which has been marked as Ex. P/3. The distance between the place of occurrence and the Police Station is three miles. During the course of investigation the three appellants Ramjilal, Rambharosi and Gulla were arrested by PW 18 Jai Singh on Nov. 8, 1973. At the time of the arrest the accused-appellant Rambharosi was having a bag containing silver ornaments, which was seized vide memo Ex. P/1. The articles seized from Rambharosi are Kada Art. 1, pair of Clips Art. 2, pair of Bichuas Art. 3, Kondhni Art. 4. A silver Hansli Art. 5 was recovered from Gulla. The recovery memo is Ex. P 2. Test identification parade for identification of the accused by the victims of the dacoity was arranged on Nov. 23, 1973 under the supervision of Munsif Magistrate, Karauli PW 12 S. N. P. Dave. The identification memos are Ex. P/15 and Ex. P/16. In this test identification parade accused-appellant Rambharosi was identified by PW 1 Mangal, PW4 Nathua, PW 5 Jinsi and PW 10 Ramcharan, whereas the other accused appellant Ramjilal was identified by PW 1 Mangal and PW 4 Nathuwa. A second test identification parade for identification of the same accused was held on Novembet 26, 1973 under the supervision of the same Magistrate and in this identification parade both the accused-appellants Rambharosi and Ramjilal were identified by PW 8 Syed Ghulam Yasdani and PW 9 Ratan. On Feb. 27, 1974 accused-appellant Gulla was put up for identification in the test identification parade which was held under the supervision of the same Magistrate PW 16 S. N. P. Dave. In this test identification he was identified by PW 1 Mangal, PW 4 Nathuwa, PW 9 Ratan and PW 10 Ramcharan. The identification memo is Ex. P/18. The articles seized from the possession of accused Rambharosi and Gulla were put up for test identification on Nov. 23, 1973, PW 1 Mangal and his wife PW 14 Mst. Phabuli identified Art. 1 Kada, Art. 2 pair of clips, Art. 3 pair of Bichhuwa and stated that these were the very articles which were taken away by the miscreants during the course of dacoity. Art. 5 Kansli alleged to have been recovered from the possession of accused Gulla was identified by PW 3 Mst. Govindi and PW 4 Nathuwa as their own. They further stated that this was the same Hansii which was taken away by the miscreants during the course of the dacoity. The police after usual investigation submitted a challan against four accused persons in the Court of Munsif Magistrate, Karauli. The learned Magistrate after taking proceedings under Sec. 207 A Crimial P.C. committed the accused to the Court of Sessions to take their trial.