HARBILAS Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant Harbilas, along with three others was tried by the learned Additional Sessions Judge No. 2 Dholpur, under section 307 Penal Code and 27 Arms Act. While the three co-accused were acquitted by the learned Judge, he convicted the appellant under section 307 Penal Code and sentenced him to rigorous imprisonment for five years and a fine of Rs. 500.00 or, in default, further rigorous imprisonment for six months. The appellant was acquitted of the charge of section 27 Arms Act.

(2.) The case of the prosecution case is that on March 6, 1976, morning Rajendra Singh PW 7 saw some dacoits in village Barsalai. He immediately went to the police station nearby and informed them about what he had seen a little earlier. The police party immediately set out in search of the dacoits. At about 10.30 a. m. there was an change of fire between the police party on one side and the dacoits on the other. It is alleged that in the course of encounter PW Chitar mal, Head Constable, Ramswaroop an informer of the police and Rajendra Singh aforementioned saw that Harbilas appellant was one of the dacoits who were firing shots at the police party.

(3.) The prosecution story goes that on Aug. 29, 1976, appellant Harbilas along with his companions surrendered himself to the Chief Minister of Rajasthan in response of an appeal to the dacoits by Sarvodaya leader Shri Jai Prakash Narayan for such surrender.