VIJAY RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These appeals arise out of the judgment of the Additional Sessions Judge, Dholpur, dated 5 -6 -1972 and they are disposed of by this common judgment.

(2.) The five appellants, namely Vijay Ram, Raghubir Singh, Kedar, Ramji Babu have been convicted by the learned Additional Sessions Judge under Sec. 302 read with Sec. 149 of the Indian Penal Code hereinafter to be refereed to as "the Code" for having committed the murder of one Indarjeet Chamar in further once of the common object of the unlawful assembly and they have been sentenced to undergo imprisonment for life. They have further been convicted under Sec. 365 of the Code and sentenced to undergo rigorous imprisonment for 5 years each, as also under Sec. 147 of the Code and sentenced to undergo rigorous imprisonment for 1 year. All the sentences are to run concurrently.

(3.) The case of the prosecution, in brief, is as follows On the night of date August of 1971 at abut 8 pm., the notorious dacoit Phula along with his 8 or 9 co -opinions came to the village Sayapur, armed with guns, Pharsas and Lathis and abducted Omi PW 2, Ram Swaroop PW 4, and Dewan Singh PW 5, from their houses. When the villagers came to their rescue, the dacoit Phula opened fire, as a result of which, the deceased Inderjeet Chamar was shot dead at the spot. The dacoits carried away their captives towards village Kheria, Some 2 miles away. There, they released Omi PW 2 and asked him to came to village Holapur with a ransom of Rs. 50,000/ - for the release of his brother Ram Swaroop PW 4, and Rs. 40,000/ - for the release of his uncle Dewan Singh PW 5. While the dacoits were passing through village Aam -ka -pura, they also abducted Darab Singh PW 7. The dacoits took their captives to the ravine of village Holapur and detained them for 10 to 15 days, & thereafter, when the ransom was not forthcoming, released them, as the Rajasthan Police was patting pressure on their (dacoits) relations and other members of their families.