RAM KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These three appeals filed by accused Balia @ Balaram, Kalu@Kalu Singh and Ram Kumar are directed against the judgment of the learned Additional Sessions Judge, Kota, dated Dec. 22, 1975, whereby he convicted and sentenced the accused appellants as under:

(2.) As all three appeals relate to the same occurrence and arise out of the same judgment, as such they are being disposed of by one common judgment.

(3.) The facts giving rise to these appeals are that on the night of Nov. 10, 1973, nearly at 8-15 p.m. PW 11 Dwarka Lal was returning on a bicycle after enjoying a fair of Rangpur Keshorai Patan. The three appellants alongwith one more namely Kallash (acquitted by the trial court) meet him in the way. Two of them viz. Balia @ Bala Ram @ Balkar and Kalu @ Kalu Singh were armed with pistol and revolver whereas the remaining two were armed with other deadly weapons. All the four stopped him, asked him to raise his hands up and robbed of the property which he was carrying with him. It is alleged that he was deprived of a Radio Ex. 5 a Pent Ex. 6 and a lighter Ex. 4. The same group of miscreants later on met P. W. 2 Tejbhan. He was also robbed of and deprived of shirt, pair of trousers, and Pant marked Ex. 1, 2 and 3, respectively. The first information report of this incident Ex. P. 11 was lodged at the police station Bhimganj Mandi at 9.30 p. m. The distance between the police station and the place of incident is 51/2 miles. Accused appellants Balkar Singh @ Balia @ Bala Ram, Kalu Singh @ Kalu, Ram Kumar, and Kailash (acquitted by the trial court) were arrested on Nov. 11, 1973. Their arrest memos are Ex. P. 14 Ex. P. 16, Ex. P. 17 and Ex. P. 15 respectively. Accused Balkar Singh after his arrest expressed his desire to get the stolen property recovered from the place of its concealment. The information memos are Ex. P/18 and Ex, P/19. Pent Art. Ex. 3 was seized from the possession of the accused which he was wearing at the time of his arrest. The seizure memo is Ex. P 6. Pistol was recovered vide seizure memo Ex. P 10. Accused Kalu @ Kalu Singh also expressed his desire to get the stolen articles discovered. The information memo is Ex. P. 20. In consequence of the information given by the accused Kalu, Radio Ex. 5 was recovered vide seizure memo Ex. P 7. A pent was also recovered from his person. The seizure memo is Ex. P 8. At the time of arrest accused Ram Kumar was wearing a pair of trousers. It was seized vide Ex. P 22. It is also alleged that the articles recovered at the instance of accused Bilkar Singh were recovered from the house of Ram Kumar. The stolen articles were got identified in the test identification parade by Tejbhan PW. 2 and Dwarka Lal PW 12. The identification memo is Ex. P 2. This test identification was conducted under the supervision of Shri Gordhan Bhatt PW 1 Tehsildar and Magistrate 2nd Class Kota. Accused persons were also put up for identification aud the test identification was conducted under the supervision of PW. 1 Gordhan Bhatt. The identification memo is Ex. 1. All the accused were identified by the two witnesses. The police after usual investigation submitted a challan against the four accused in the court of Addl. Munsif and Judicial Magistrate First Class No. 2, Kota, who committed them to take their trial under section 397 IPC.