SUKHVEER SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) AN armed robbery was committed at the house of one Ramchandra, resident of village Dulmehara on the night intervening 20th and 21st of April, 1970. Chunni (P. W. 8), wife of Ramchandra, who was in the house, worke up in the mid-night in order to give water to her cow. Then she saw three persons standing in the 'bada'. She climbed on a ladder and asked those three persons, who they were ? One of them, who was wearing a black pant, and a white shirt aimed with a gun, came near the ladder, caught hold of her and dragged her down and threatened her saying that if she raised hue and cry she would be done to death. Soon thereafter the other two persons, one of whom was wearing a 'khakhi' shirt and having a 'khakhi' 'chaddar', and the other wearing a 'dhoti' and a 'kurta' of 'kismisi' colour, entered the house. One of them dragged her inside the house and assaulted her, as a result of which she sustained an injury on the head. She was threatened not to shout. Then the three persons surrounded Ramchandra and asked him to show them the ornaments, money etc , upon which he replied that the was a poor man and he had none. A? those persons threatened her husband with dire consequences, he pointed out silver ornaments kept under the pillow. Not being satisfied, one of them fired the gun at Ramchandra, as a result of which he sustained an injury and died instantaneously. Then the three persons went away from the house. Thereafter, chunni raised hue and cry, hearing which one Gulam Nabi, Chhote Khan, Allah Rakha, Chhabila Ram (not examined), Rukamdeen (P W. 5) and the other people of the village came running to the house of Ramchandra. Chunni (P W. 8) told these persons that three persons after committing murder of her husband took silver ornaments and ran away crossing the railway track. Rukamdeen (P. W. 5) along with some others went to the railway station at Dulmera, met Assistant Station Master Baldev singh (P. W. 15) at about 1 A. M. and told him that there was robbery in the house of Ramchandra and that a message should be sent to the Police Station. He asked Rukamdeen to give in writing. In the meanwhile five or six person? of the village came there, Rukam Deen handed over the report (Ex, P. 32), to the Station House Officer, Loon-karansar. Jainarain Singh (P. W. 17) received the message at about 1. 30 A. M. He made an entry in the Police Roznamcha. After making the entry, he along with Somdutt (P. W. 16), Head Constable, and four constables left the Police S ation and reached Dulmera by 4 A. M. He found Ramchandra lying dead in his house. He recorded the statement Ex. P. 12 of Chunni. He sent telephonic messages to the Station House Officer, Police Station, Mahajan and to the Station House Officer, G. R. P. Bikaner about the robbery. He then recorded the statement of Rukamdeen (P. W 5 ). He sent intimation to the Circle Inspector of Police, Bikaner also and requested him to come to the place with some tracker Then he held inquest over the dead body. He recovered from the spot two knives, 6 empty cartridges. He noticed the foot-prints of three persons, out of which one was of a bare footed person. The other two foot prints were of persons wearing shoes. He handed over the statement of Chunni (P. W. 8) to Somdutt (P W. 16) and instructed him to go to the Police Station and register a case.

(2.) HE left the village following the foot-prints along with Rukamdeen (P. W. 5 ) and two constables, Dallaram and Bhanwar Singh. HE saw the foot-prints not on any regular way (path), but across the country. HE and his party passed through number of villages and ultimately reached the village Gusainsar at about 6. 45 P. M. covering a distance of about 30 miles. In the village Gusainsar he saw a man wearing black paint. Rukamdeen (P. W. 5) identified that person as one of those persons, who committed the robbery on the previous night in the house of Ramchandra. HE ascertained his name as Khemchand HE arrested him and recovered from his person a pair of silver 'pa jab' (Ex. 10 ). HE recorded his statement and came to know that he had given one silvr 'fad' and two silver 'pattas' to one Sukhveer Singh and that he had also given one 12 bore double barrel gun with a licence belonging to one Jagmal Singh. HE left that village and proceeded towards Doongargarh in jeep with his companions, and reached Doo-rgargarh Railway Station at about 8 P M. Rukamdeen (P. W 5) pointed out Sukhveer Singh and Puran Singh. They were arrested. HE recovered a gun with a licence from Sukhveer Singh and on search found on his person two silver 'pat-tis' (Ex 12) and one silver 'tad' (Ex. 13) vide Ex. P. 17, HE also searched the person of Puran Singh and found on his person a pair of silver 'paijab' with 'ghoongru' (Ex, 11) vide Ex. P. 16.

(3.) THE real question in this case turns upon the credibility of the evidence of Jainarain Singh (P. W. 17), Gani Khan (P. W. 2), Roshanlal (P. W. 4) Rukam-deen (P W 5), Chunnilal (P. W. 6) and Chunni (PW. 8 ).