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2006 Supreme(Raj) 633

KHEM CHAND SHARMA
RAMANAND – Appellant
Versus
STATE OF RAJASTHAN – Respondent


Judgment


KHEM CHAND SHARMA, J.

( 1 ) SINCE all the three above titled appeals arise out of the judgment and order dated 25/2/1984 in sessions case No. 13/81, they are being decided by this common judgment.

( 2 ) ON 17-6-1980, PW 3 Babulal lodged a written report, Ex. P6 at Police station, Bassi alleging therein that on the previous night at about 8-9 PM, 8-10 dacoits wearing khakhi dresses, duly armed with guns enters his house and gave beating to PW 1 Damodar. They broke open the locks of the shops and opened fire, the pellets of which hit one pokhar Balai of village Badawa. It was alleged that the dacoits broke open the lock of his room and after breaking iron safe looted gold and silver ornaments and he would submit the list of looted property. Lastly it was alleged that dacoits also broke opened the lock of the room of damodar and took away watch etc.

( 3 ) ON the basis of aforesaid written report, the Police registered a case for offence under Sections 395, 397 and 307 IPC vide FIR Ex. P29 and proceeded with the investigation. In the course of investigation, the police prepared site plan, Ex. P. 8, arrested the accused, got conducted identification parade, recovered the loot















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