NAND LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS Criminal appeal is directed against the conviction and order of sentence dated 13th of July 1988 passed by the Sessions Judge, Dungarpur whereby the learned Sessions Judge has convicted the accused appellants, namely Nandlal, Motilal and Bakshi in the offences under section 148, 189, 307, 307/149, 353/149 of Indian Penal Code and Section 42 (1) of Forest Act and sentenced them as under :- Sentence 1. Nand Lal 353/149 IPc 2 years' Rigorous imprisonment and a fine of Rs. 100/-, in default 2 1/2 months' Simple imprisonment. 148 IPc 2 years' R. I. and a fine of Rs. 500/-,in default 2 1/2 months' S. I. 189 IPc 2 years' R. I. and a fine of Rs. 500/-, in default of payment of fine 21/2 months' S. I. 307, 307/147 IPc 10 years' R. I. and a fine of Rs. 2,000/-, in default 10 months' S. I. 42 (1) Forest Act Three months' S. I. and a fine of Rs. 100/- , in default 15 days' S. I. 2. Moti Lal -do- -do- 3.Bakshi -do- -do-

(2.) THE factual matrix of the prosecution case as narrated in the FIR Ex. P/8 is that on 11th of February, 1983 at about 10. 30 PM PW/7 Surya Singh , Forester, came to the complainant PW/3 Kartikeshwar on motor cycle and told that two trucks loaded with Sagwan timber were to reach at the barrier, who were not having any pass or transit permit to carry the same. PW/7 Surya Singh, when apprising the complainant Kartikeshwar , just thereafter, 8- 9 persons armed with deadly weapons like that of clubs and arms, entered the check post and asked him to let both the trucks go. THEy also told him that whatever money they wanted to take they could take, but they should lift the barrier. THE complainant replied that the trucks could not be allowed to move, if they do not have any pass or transit permit with them. Enraged with the reply of the complainant, one unknown person armed with revolver, aimed his head and threatened that if he did not lift the barrier, he would kill him. Meantime, rest of the other persons surrounded him and threatened his life. THE accused appellant Nand Lal fired a gun shot, with an intention to kill him, but the bullet did not hit him and passed through. When these persons were going to unlock the barrier, Dilip Singh stopped them. THEreupon the accused appellant Moti Lal assaulted him with a knife but he missed the object and the thrust of knife rested on the pillar of barrier. It is also alleged that rest of the accused persons broke out the lock and then succeeded in lifting the barrier and taking away both the trucks, without any pass or transmit permit. THE complainant PW/3 Kartikeshwar submitted a written report in the police Station, Mithauwa , upon which first information report Ex. P/8 was registered by the police and investigation commenced.

(3.) THE learned counsel for the appellants has argued that the occurrence took place at 10. 30 PM of 11th February, 1983 whereas the FIR has been lodged by the Forester Kartikeshwar with the delay of approximately 12 hours, on 12th of February, 1988 at 10. 00 AM. THE prosecution has not given any reasonable and satisfactory explanation of this delay, which under the facts and circumstances of the case, can be said to be fatal to the prosecution.