RAMDAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellants Ramdan and Sumar have been convicted Under Section 307/34, I.P.C., and have been sentenced to five years' rigorous imprisonment and a fine of Rs. 200/ -, in default of payment of fine, to undergo further rigorous imprisonment for one month. They have also been convicted Under Section 353, IPC, and have been sentenced to six months' rigorous imprisonment by the learned Sessions Judge, Jodhpur, by his judgment dated 24th January, 1974. Their sentences have been ordered to run concurrently.

(2.) THE prosecution case, in brief, is that on 30th of April, 1970, head constable Jangbahadur along with his party proceeded for patrolling. At about 6, p.m, they observed the foot prints of four camels having entered into Indian Border from towards Pakistan Border on pillar No. 783. The foot prints were followed by the party. Constable Thakurram was sent to the out -post Sundra to give information regarding the track There upon, Thakurram reached Sundra out -post at about 6.00, a.m. on 1 -5 -1970. Lakhiram along with his party also started at about 7.00, a.m., on 1 -5 -1970 to follow the tracks and they reigned the village Satto and the other pany met Lakhiram s party at village Satto. Jangbahadur's party was sent back to the out -post Sundra and the track was further continued to be followed by Lakhirain's party from village Satto. This party reached the out -skirts of the village Bogniyai. It was observed that the foot -prints of the two camels were diverted towards village Negarda and of the two camels proceeded straight. When these straight foot -prints were pursued. The party spotted the camels and persons on a sand dune. It is said that on hearing the sound of the vahicle those persons started running and thereafter they took position and vlien the party got down from the vehicle and were about to take their positions, the accused party started firing at them. The firing is said to have taken ac about 2.00, p.m. It is laid that the accused party continued firing and the B.S.F. party also ill' retaliation fired at the accused party. They continued to proceed ahead, whereas the accused party continued to retreat. The encounter lasted for about an hour and the police party ultimately reached near the three camels and apprehended the appellants. Three accused persons could manage to make their escape good. The goods and the belongings of the accused party were seized. It is said Jamal and Hamira were the persons who were firing at the B.S.F. party and they could not be apprehended at the spot and one more accused could not also be caught. Empties of the accused party as well as of the B.S.F. party were recovered from the spot. It is said that the accused party fired 23 rounds, whereas the B.S.F. party fired 32 rounds in defence. Lakhiram's party reached Gadra post on 2 5 -1970 in the noon where the smuggled goods were deposited with the Customs Authority. On the same night at about 11 00, p.m., Lakhiram with his party along with Sumar and Ramdan leached the Police station, Girab. He made a written report Ex. P/6 to the SHO., Police Station, Girab, and handed over both the accused persons along with the empties and the live cartridges Since the place of incident fell within the jurisdiction of the Police Station, Sang are carbon copy of the report Ex. P/6 was sent to the Police Station, Sangar. On receipt of the report at the Police Station, Sangar, a case Under Sections 307, 353, I.P.C., and 25E of the Arms Act was rfgistered. The investigation of the case was handed over to the head constable Laxmansingh of Police Station, Sangar, who visited the site and prepared the site plan Ex P/1 and site notes Ex. P/2. The accused Hamira and jamal were also anested by him. Investigation was conducted from the witnesses and on completion of the investigation a challan was presented against Jamal, Hamira, Sumar and Ramdan in the court of Munsif Magistrate Jaisalmer. The learned Munsif -Magistrate, Jaialmer, committed the accused persons to the court of Sessions for trial.

(3.) THE prosecution in this case in all examined 14 witnesses. Six witnesses, namely, PW. 4 Lakhiram, PW. 6 Bhagwansingh, PW 8 Jalsingh, PW 11 Rattiram, PW 12 Ramu Ram and PW 14 Gopalsingh were examined as eye witnesses, PW 5 Thakur Ram, was examined as a witness who saw the track coming from towards Pak Border PW 9 Kampsingh, and PW 10 Shaktidan, were examined as 'motbirs' witnesses; where as PW. 1 Laxmansingh, PW 2 Devidan, PW 3 Yukti karan, PW 7 Magsingh and PW 13 Kansingh police personnel were examined as witnesses connected with the investigation of the case.