BASHIR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY his judgment dated February 26, 1986, the learned Additional Sessions Judge, Deeg convicted accused Bashir under Sections 395 and 397 IPC and sentenced him to imprisonment for life with a fine of Rs 100/ -, in default of payment of fine, to further undergo one month's rigorous imprisonment on each count. The accused has come up in appeal and challenges his conviction.

(2.) STATED in short, the prosecution case is that the dacoity took place in the houses of Pyare and Pooran Kumar in village Dabra, Police Station Pahadi, district -Bharatpur in the early hours on 2810 -1984. It is alleged that the members of the family were sleeping in the different Kothas in that night. At about 3 or 3.30 a.m 10 or 12 miscreants intruded into the house armed with Guns, Pistols and Lathis. They had also torches with them PW 9 Pyare woke up, raised cries and called his brother Phusi for help. His brother Phusi came from the other Kotha and tried to face the miscreants. One of the miscreants fired his gun at Phusi, which hit him on the back of chest and abdomen on both sides. Phusi fell down and passed away instantaneously on the spot. His mother Angoori also came out of the Kotha and she was also shot dead by one of the miscreants. The miscreants thereafter ransacked the silver and gold ornaments lying in the house From the house of Pyare, they went to the house of PW 2 Pooran. They also ransacked his house and collected gold and silver ornaments along with clothes and cash. The miscreants also caused injuries to many of the inmates of the house. They thereafter decamped with the looted property. PW 1 Chander went to the Police Station, Pahadi and presented a written report Ex. P 1 of the occurrence at about 800 a.m. on that very day. The police registered a case and proceeded with the investigation. The Station House Officer, PW 13 Om Prakash arrived on the spot, inspected the site and prepared site -plan, Ex P 10. The post -mortem examination of the dead bodies of Smt. Angoori and Shri Phusi was conducted by PW 4 Dr. Laxman Singh, the then Medical Officer -in -charge, Government Dispensary, Pahadi. He was of the opinion that the death of these two victims was on account of gun shot injuries. He also examined the injuries of the other injured persons and issued injury report Ex.P 3 to Ex. P 7. The SHO found the empty cartridge -case lying on the spot, which was seized and sealed by him. The investigation continued but nothing concrete could come out.

(3.) BEFORE ptoceeding further it mey be pointed out that the learned Counsel for the accused did not challenge the commission of dacoity killing of Smt. Angoori and Shri Phusi in that dacoity and some of the inmates of the house getting injured. Learned Counsel also did not challenge the opinion of Dr. Laxmansingh relating to the cause of death of two victims and the number and nature of injuries found on the inmates of the house We, therefore, need not discuss the evidence in length relating to these items. Suffice it to say that a docoity was commited at about 3 or 3.30 a.m. on 28 10 -1984 in the house of Roshan and Pyare. Daring the commission of that dacoity Smt. Angoori and Shri Phusi were shot dead by the dacoits and some other persons got injured. The dacoits decamped with clothes, cash silver and gold ornaments of huge valuation. The dacoity was thus a real one.