PATHAN KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Learned District and Sessions Judge, Jaisalmer convicted and sentenced the accused appellant by his judgment dated 12.10.1995 as follows :

(2.) It is against this judgment and conviction that the accused appellant has preferred this appeal.

(3.) The prosecution case is that on 10.4.1986, an information was received from the SHO, Sam (Jaisalmer) about the presence of smugglers near village Sawa. The Superintendent of Police, Jaisalmer formed three parties under the charge of Dy. S.P., Girdharilal, Dy. S.P., Purshottam and the Company Commandar Jugat Singh to ap-prehend the smugglers. The parties were equipped with rifles and light machine guns. At about 7 a.m. on 19.4.1986, police parties proceeded to round up t';e smugglers. At 3 p.m. in village Shobhminora, there was an encounter between the smugglers and the police parties as a result thereof constable Phool Chand (deceased), Brigal and Gulam Shah received injuries, the police jeeps were damaged. There was an, per encounter at Ehelak. The smugglers were successful to run away in the darkness if night. On the same day at about 7 p.m., Dy. S.P. Girdharilal prepared the report at Check and sent it to the Police Station Sangot. On its basis, FIR Ex. P/25 was drawn and case under sections 307, 353, 332, 323 Penal Code and Sec. 25 of the Arms Act was registered. The investigation commenced. Constables Kojraj Singh, Punjraj Singh and Gulam Shah identified eight smugglers while they were being persuaded by the parties. During the investigation, injured constable Phool Chand succumbed and the case was registered under section 302 1PC. Challan was presented against certain other persons as well whose case has been finally decided by the Division Bench of Honourable Mr. Justice Milap Chandra Jain and Honourable Mr. Justice R. Balia on 2.3.1992 (D.B. Cr. Appeal No. 168/89 187/89 and 211/89). The present accused appellant was absconding and challan against him was presented before the Chief Judicial Magistrate, Jaislmer in the year 1990. The case was committed to the learned Sessions Judge, Jaisalmer. He framed relevant charges against the accused appellant. Prosecution examined as many as 27 witnesses. Then the accused appellant was examined under section 313 Crimial P.C. He did not produce any witness in defence. His simple case is that he has been falsely implicated. After hearing both the parties, learned Sessions Judge, Jaisalmer convicted and sentenced the accused appellant as stated above.