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2001 Supreme(Raj) 25
High Court Of Rajasthan
Judgename : N.N. Mathur,D.N. Joshi
Sunil - Appellant
Versus
State of Rajasthan - Respondent
Criminal Appeal No. 273 of 1996 and Criminal Jail Appeal No. 292 of 1996
Decided On : 01/11/2001
Mr. Doongar Singh and Mr. Suresh Kumbha, for the Appellant
Mr. A.R. Nikub, Public Prosecutor for the Respondents
The main legal point established in the judgment is the reliance on witness identification, the explanation for the delay in arranging the identification parade, and the evidentiary value of the recovery of property in establishing the guilt of the accused.
Headnote:
Dacoity - Identification of Accused - Recovery of Property - Evidence of Witnesses - Delay in Arranging Identification Parade
Fact of the Case:
The appellants were charged with committing dacoity and murder in a house, resulting in the death of Nag Singh. The prosecution presented evidence from family members and medical reports to establish the occurrence of the dacoity and murder. The appellants denied the charges and claimed trial, presenting alibi as a defense. The prosecution's evidence included witness identification of the accused and recovery of property from the appellants.
Finding of the Court:
The court carefully analyzed the prosecution's evidence, including witness testimonies and identification parades. The court found that the prosecution had firmly established the occurrence of the dacoity and murder, as well as the participation of the appellants. The court also addressed the delay in arranging the identification parade and the evidence of recovery, ultimately rejecting the appellants' contentions.
Issues: The issues before the court included the reliability of witness identification, the delay in arranging the identification parade, and the evidentiary value of the recovery of property from the appellants.
Ratio Decidendi: The court held that the prosecution had successfully established the identity and participation of the appellants in the dacoity and murder. The court also found that the delay in arranging the identification parade was adequately explained by the prosecution. Additionally, the court rejected the appellants' contentions regarding the evidence of recovery, concluding that the prosecution had proven the recovery of property from the appellants.
Final Decision: The court upheld the conviction of the appellants for committing dacoity and murder, rejecting their appeals.
N.N. Mathur, J.-Appellants Sunil Sindhi, Lokendra Singh both residents of Delhi Mahesh resident of Muradabad in D.B. Cr. Appeal No. 273/96 and Sunil Gupta in D.B. Cr. Jail Appeal No. 292/96 were charged and put to trial for committing dacoity along with one Joraram alias Vinod in the intervening night of 2nd and 3rd July of 1993 in the house of PW-4 Satidan Singh in village Arang District Banner and in the course of dacoity committed the murder of Nag Singh. The Additional Sessions Judge, Banner convicted and sentenced the appellants as follows:-302/149 IPC 395/149 IPC 396/149 IPC 460/149 IPC 325/149 IPC 324/149 IPC 323/149 IPC 342/149 458/149 IPC 449/149 IPC 148/149 IPC Sentenced to imprisonment for life and to pay a fine of Rs. 10,000/-and in default of payment of fine to further undergo on year’s simple imprisonment. Sentenced to 10 years rigorous imprisonment and to pay a fine of Rs. 10,000/-an in default ot payment of fine to further undergo one year’s simple imprisonment. Sentenced to 10 years rigorous imprisonment and to pay a fine of Rs. 10,000/-and in default of payment of fine to further undergo one year’s simple imprisonment. Sentenced to 10 years rigorous imprisonment and to pay a fine of Rs. 10,000 and in default of payment of fine to further underergo one year’s simple imprisonment. Sentenced to 7 years rigorous imprisonment and to pay a fine of Rs. 1,000/-and in default of payment of fine to further undergo on month’s simple imprisonment. Sentenced to 3 years rigorous imprisonment and to pay a fine of Rs. 1,000/-an in default of payment of fine to further undergo one month’s simple imprisonment. Sentenced to 1 years rigorous imprisonment and to pay a fine of Rs. 5 00/-and in default of payment of fine to further undergo 15 days simple imprisonment. Sentenced to 6 months rigorous imprisonment and to pay a fine of Rs. 500/-and in default of payment of fine to further undergo 15 days simple imprisonment. Sentenced to 10 years rigorous imprisonment and to pay a fine of Rs. 2,000/-and in default of payment of fine to further undergo six months simple imprisonment. Sentenced to 5 years rigorous imprisonment and to pay a fine of Rs. 1,500/-and in default of payment of fine to further undergo three months simple imprisonment. Sentenced to 3 years rigorous imprisonment and to pay a fine of Rs. 1,000/-and in default of payment of fine to further undergo on month’s simple imprisonment.
2. All the sentences have been ordered to run concurrently. It is also ordered that out of the recovery amount of Rs. 1,90,000/-a sum of Rs. 1,00,000/-shall be paid to the legal representatives of deceased Nag Singh. Rs. 10,000/-each shall be paid to Satidan Singh, Bhag Singh, Hanwant Singh, Sawai Singh, Dhapu and Gwari as a compensation for the injuries sustained by them.
3. The prosecution case is that in the intervening night of 2nd and 3rd July of 1993 the dacoity with murder took place in the house of PW-4 Satidan Singh aged 70 years in village Arang near village Rajmathia, Tehsil Shiv District Banner. The FIR (Exhibit P-9) was lodged by PW-7 Bhag Singh at Police Station, Shiv, stating inter alia that he was sleeping at the western corner of the Dhani and his father PW-4 Satidan Singh was sleeping in front of the Dhani in the compound. His mother PW-3 Smt. Gwari aged 60 years, wife PW-1 Dhapu, brother PW-8 Han Singh, his deceased brother Nag Singh and son PW-2 Sawai Singh were sleeping inside the dhani. He was awaken on a lathi being striked on his leg by somebody. On opening the eyes, he found three persons standing near the cot. Sooner he tried to get up one of the miscreant gave a sword blow which was warded of by him causing injuries on his thumb. The another miscreant sat on his chest and pushed cotton in his mouth. The eyes were fastened by a piece of cloth. He was tied by a rope. Thereafter, all the three miscreants having tied him with the cot placed before the rear side of the dhani. He was also given a threat of li
