KOHAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment of the learned additional Sessions Judge, Raisinghnagar dated 28th November, 1987 where by the learned Judge has convicted the accused appellants Keharsingh and Darshan Singh under Section 394, IPC and sentenced them to 3 years' rigorous imprisonment each, under Section 397 IPC 7 years' rigorous imprisonment each and under Sections 458 and 459, IPC 7 years' rigorous imprisonment on each count. He has convicted the accused Hardamsingh and Bholasingh under Section 411, IPC and sentenced them to 2 years' rigorous imprisonment each. He has also imposed a fine of Rs. 200/ - each and in default of payment of fine to further undergo 2 months' rigorous imprisonment each. All the sentences were directed to run concurrently.

(2.) BRIEF facts giving rise to this appeal are that on the night intervening 4th and 5th May 1985 at 2.00 A.M., a First Information Report was filed by one Maluk Khan stating therein that he is a resident of 10, MLD Gharsana. He has been living in this 'Dhani' along with his children. At about 10 -11 P.M. three persons came and wake him. Out of them two persons were of fair complexion and one was of dark complexion. They were wearing pants and bushirts. They woke him and told him that one of their men has been arrested in the Police Station and, therefore, he should accompany them and get him released. Thereupon, he told them that be does not know any body in the Police Station and he cannot help them at that moment. He asked them to come in the morning. All these three persons, thereafter, left and he also retired to bed. Thereafter, these persons came again armed with lathies and, it is alleged, one of them gave a lathi blow on his head. He immediately get up and the remaining 3 persons started beating him. He came down from upstairs fighting with these persons. His left foot also got fractured and he fell down. Thereafter, it is alleged that somebody gave a knife blow on his leg. It is further alleged that his children were also belaboured and were shut in one KOTHAR. Thereafter, these persons started searching his house. It is alleged that these 3 persons took away the ring from his hand and one another ring of gift, and they also took away a gold chain and then tied him with rope. They also gave beating to his son. He alleged that he does not know what other articles have been taken away by these persons and he would produce a detailed list after finding out the some. He also alleged that after hearing the cries of these persons, some more people came from other neighbouring 'dhanis' and got him released from the ropes and other members of his family from the KOTHAR. On the basis of this information, the Police registered a case under Sections 395 and 397, IPC.

(3.) PROSECUTION , in support of its case, examined 12 witnesses, Accused Keharsingh was arrested on 27th September, 1985 and he gave information under Section 27, Evidence Act. In pursuance of this information dated 30th September, 1985, recovery was effected on 4th October, 1985 (Ex -P. 10) from Dubwali in Haryana of one gold ring and one gilt ring. The accused Darshan Singh was arrested on 5th October, 1985 and he gave information (Ex -P. 26) of the gold chain and in pursuance of that information, the gold chain was recovered on 30th October, 1985. Accused Hardam Singh was arrested on 5th October, 1985 and he also gave information an 8th October, 1985 of one watch (Ex. P 27) and the same was recovered on 13th October, 1985 vide Ex -P. 18. Bholasingh was arrested on 27th September, 1985 and he gave information on 30th September, 1985 (Ex -P 23) of one gold ring and it was recovered on 4th October, 1985 vide Ex -P. 12.