PREM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) All the three appeals (two appeals have been filed through Jail, firstly by accused Kishanpal @ Pappu @ Babu Singh S/o. Sheonarain; and secondly by accused Prem Singh S/o. Preetam Singh and accused Yogendra Singh has filed the appeal through an Advocate) arise out of the same incident and same FIR, thus the same are being decided by this common Judgment. Brief facts of the case are that in the intervening night of 7th and 8th November 1988 at 1.45 A.M. complainant Phool Singh, lodged a report wherein it was alleged that today in the night he was sleeping in his room near his tractor. At about 12.30 in the night 8 -10 persons came and woke him up after kicking him. At that time all of a sudden, he switched on the torch which was of 3 batteries and saw their faces. The culprits also have 4 battery torch with handle with them and one another green colored torch which was being used by them. They first of all snatched the torch and wrist watch of the complainant. The was ladies HMT Asha Brand. Thereafter, they asked about the complainant father on which he told that he had gone in his relation. Out of these persons one person inflicted injury by iron wrench on the chin and cheek of complainant and then tied his hand from behind. Thereafter, these persons told the complainant to take them at his residence. Complainant was going in front and the accused were behind him. It was alleged that on account of the darkness he untied his hands and run away outside the village and made a hue and cry. 3 shots were fired by the culprits behind him. It was alleged that he identified 10 persons in the light of torch. These dacoits also committed dacoity at the residence of Vishram Bhangi with ladies. After going of the dacoits the complainant came at his residence then his mother informed that after hearing the complainant noise when she came behind him then the dacoits snatched 2 hand kade, 2 ear rings of gold, one golden seekh and two silver sant of feet. Bhopal was pursuing the dacoits and they fired short on him. He was taken to the hospital in the tractor and admitted. It was alleged that he can identify all the dacoits if they are brought before him. His torch which the dacoits snatched was of Jeep and was having seal of Jeep Shakti.

(2.) On the basis of above report, the police registered an FIR No. 160/1988 for the offence u/s. 395, 397, 398 and 307 IPC and u/s. 25 and 27 of the Arms Act.

(3.) The police after investigation submitted challan against the accused persons for the aforesaid offences.