GAJIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is a revision against the order of learned Sessions Judge, Jalore dated 2-7-1996 by which he dismissed the appeal of the accused-petitioner and maintained his conviction and sentence under S. 363, IPC. It is relevant to mention that this revision petition was filed by Gajia as well as by Khetia but during its pendency Gajia expired, so it is only Khetia whose case is to be considered.

(2.) I have heard the learned counsel for the petitioner as well as learned Public Prosecutor at length.

(3.) The facts of the case, as alleged by the prosecution, are that on 1-5-83 Baldev Singh reported to SHO of Police Station, Ahore vide Ex. P/1 that his son Bhanwar Singh aged 15 years, student of class VIIIth was missing since 22-4-1983. He had gone to appear in his school examination but did not return. He had searched out in different villages in district Churu but the boy was not available. He had come to know in village Harji that Mohanlal, Khetaram, Gajia, Kantia and Kishore Kumar were also missing for two days from 28-4-1983 onwards. When Khetaram and Mohanlal were interrogated by villagers they admitted that Bhanwar Singh went with them to Takhatgarh via Umedpur and then to Jalore on 28-4-83. The boy was searched in the village also but he was not available. He was missing with a sum of Rs. 33,500/-, a golden ring and some other golden ornaments. He also stated in the FIR that on 28-4-83 he was in village Harji but his wife had gone to the field after locking the house but had handed over the key to her neighbour. Bhanwar Singh obtained the key of the house from the neighbour and took the cash as well as ornaments. Case under Ss. 380, 363 and 367 was registered. During the investigation it came to the knowledge of the police officers from a Mukhbir that the boy was taken to Gujarat. The police went there and on 5-5-83 Gajia was arrested at Palanpur and on his information Bhanwar Singh was also recovered from Palanpur. A sum of Rs. 26,560/- was recovered at the instance of Gajia. Khetia was also arrested and golden ornaments were recovered at his instance. Police submitted the challan under various sections of Indian Penal Code before learned Judicial Magistrate, Jalore who framed charges under Ss. 380, 363 and 120-B against the accused-petitioner. He denied his indictment. Prosecution examined as many as 11 witnesses. Then the statements of the accused-petitioner and the co-accused Gajia were recorded under S. 313, Cr. P.C. A defence witness Ukekhan DW-1 was examined on behalf of defence. After hearing both the parties, learned Magistrate convicted the accused-petitioner for offence under Ss. 120-B, 363 and 380, IPC and sentenced to 9 months R.I. with a fine of Rs. 500/- and in default to undergo R.I. of one month under each count. He also passed the order that the sentences shall run concurrently. On appeal, accused-petitioner was acquitted from the charge of offence under S. 380 but his conviction and sentence under S. 363, IPC was maintained.