STATE OF RAJASTHAN Vs. KUNDAN SINGH

JUDGEMENT

(1.) Respondent Kundan Singh was tried for the offences under Sections 396, 365, 1208 and 171 I. P. C, along with one Bhagdawat Ram. By his judgment dated 30th Nov., 1970, the learned Assistant Sessions Judge, Pali, acquitted the respondent and co-accused Bhagdawat Ram, for the charges levelled against them. Being aggrieved by that judgment of acquittal, the State of Rajasthan has preferred this appeal against Kundan Singh.

(2.) Briefly stated, the facts of the case, which led to the trial of the respondent are, that there was a long standing enmity between the father of respondent Kundan Singh and P. W. 1 Anraj. Kundan Singh wrote two threatening letters to Anraj one of those letters dated 27-11-1968 has been produced in this case, and is marked Ex. P. 7. A demand of Rs. 7,000.00 from Anraj had been made in that letter with a threatening that in case he would not comply with the direction he would meet with dire consequences.

(3.) On 18-3-1970, respondent Kundan Singh along with Bhagdawat Ram, co-accused and one Amar Singh (discharged by the learned Munsif Magistrate, Sojat) hired a taxi car No. R. J. Ty. 3001, for going to Marwar Junction. The driver of that car was Murlidhar. At about 7 p. m. the car along with these persons left Jodhpur and reached Bithuda, via Pali and Marwar Junction, after about two hours. The driver was asked to stop the car for a while at a place near one water-hut situated at the outskirts of the village Bithuda. There Kundan Singh, Amar Singh and Bhagdawat Ram took wine. Kundan Singh and Bhagdawat Ram changed their dresses, and put on military dresses with stars etc. of Lt. Col. All of them again boarded the car and directed the driver to proceed further. On reaching village Bithuda, the driver was asked to stop the car outside one lane. Respondent Kundan Singh along with Bhagdawat Ram got out of the car and instructed the driver to keep quiet and not to run away from that place. Amar Singh remained in the car. Kundan Singh and Bhagdawat Ram with knives in hands, entered the house of Anraj, and asked his wife, Mst. Virju, as to where Anraj was. She went inside the house and called Anraj. The respondent asked Anraj to hand over the relevant papers and the money to him. Anraj refused to do so. Kundan Singh threatened Anraj with a pistol shaped knife. Despite that Anraj refused to pay him the money and to hand over the papers, Kundan Singh took him in the pretext to take him to his officer. When they came out of the lane they did not find the car, where they had left it. When they covered a little distance, along with Anraj, a number of persons assembled there, and the two persons left Anraj there. With the help of certain villagers, they were able to trace out their car and left the village for Jodhpur. Driver Murlidhar suspected some foul affair, and therefore, on his way to Jodhpur, he asked P. W. 17 Mangal Singh at Rohat Bus-Stand to inform Hari Singh. Mangal Singh on reaching Jodhpur informed Daulat Singh and asked him to inform Hari Singh. On being informed, Hari Singh brought the matter to the notice of S. H. O. Udai Mandir.