SHYAM SUNDER BYAS, J. - (1.) SINCE these two appeals are directed against one and the same judgment of the learned Additional Sessions Judge, Sirohi dated December 22, 1972, they were heard together and are decided by a common judgment. By the judgment aforesaid, the Sessions Judge convicted and sentenced the appellants as under: -S. No. Name of the accused Offence Sentence awardedUnder Section - - - - - -(1) Rehmat Khan 302, IPC Imprisonment for life; 404, IPC Three years rigorous imp -risonment with a fine of Rs. 200/ -, in default of the payment of fine to further undergo six months RI;(2) Allahuddin 302, IPC Imprisonment for life;404, IPC Three years rigorous impri -sonment with a fine Rs. 200/ - in default of the payment of fine to further undergo six months like imprisonment;(3) Dadu Khan 302, IPC Imprisonment for life;404, IPC Three years rigorous imp -risonment with a fine of Rs. 200/ -, in default of the payment of fine to further undergo six months like imprisonment;(4) Kesar Khan 302, IPC Imprisonment for life; 404, IPC Three years rigorous imp -risonment with a fine of Rs. 200/ -, in default of the payment of fine to further undergo six months rigorous imprisonment;(5) Durlabh Bhai 411, IPC Two years rigorous impri -alias Prof. sonment with a fine of Himalya Rs. 1000/ - in default ofthe payment of fine to further undergo three months like imprisonment. - - - Sabstantive sentences were directed to run consecutively.
(2.) THE accused persons have come -up in appeals to challenge their conviction and sentences. At about 2.00 p.m. on April 30,1972, PW 7 Jasouri the then Forest Guard, Pali Circle appeared at Police Station, Sumerpur (district Pali) and reported that around 12.00 Hours on that day he found the dead -bodies of two males lying by the side of the road in village Palri. The Station House Officer recorded this information in the Rojnamcha of the Police Station. It is Ex. P. 3. He proceeded on the spot and found the dead -bodies of two males lying in a Johar situate near Sheoganj -Sirohi road. SHO Jawan Singh (PW 8) prepared the inquest reports Ex. P 5 and Ex. P 6 of the two dead -bodies. Both the dead -bodies had multiple wounds and the clothes they were wearing were stained with blood. The two deceased could not be identified. The bushirt of one of had tailor's label 'tailored by Pooransingh and Sons Naya Bazar, Ajmer.' Since the case appeared to be of murders, the Station Hous Officer drew -up report Ex.P. 2 and registered a case under Section 302, IPC. Investigation was taken -up. Blood stained soil from the place where the dead -bodies were lying, was seized and sealed. The post -mortem examination of the dead bodies was conducted on May 1, 1972 by PW 34 Dr. S.C. Jain the then Medical Officer Incharge Government Dispensary, Sumerpur. He noticed multiple injures on the body of the victims. In the opinion of Dr. Jain, the death of one had taken place due to shock as a result of external haemorrhage on account of multiple stab -wounds while the death of the other had taken place as a result of severe haemorrhage on account of multiple stab wounds and the rupture of right lung. The post -mortem examination reports prepared by him are Ex. P 49 and Ex. P 50. It transpired during investigation that the two dead -bodies were those of Avinash Dube and Akhilesh Dube sons of PW 16 Narain Dube and brothers of PW 37 Smt. Indra Dixit. Both the brothers used to run and operate an Ambassador car RRL 6411 as taxi at Ajmer. The registration of the car was in the name of PW 16 Narain Dube. This car was hired at Ajmer by two persons in the afternoon of April 28, 1972 for Ajmer to Beawar. Next day it was hired by four persons at Ajmer for Ajmer to Sirohi. The two deceased brothers Avinash Dube and Akhilesh Dube along with those four persons left Ajmer at about 6.00 pm on April 29, 1962 for Sirohi. Before leaving Ajmer, fuel was filled in the car at Anil Petrol Pump, Ajmer. For the Petrol pump, the deceased Avinash Dube had a talk on telephone with his sister PW 37 Smt. Indra Dixit. He informed her on telephone that he was taking the passengers in the car to Sirohi. Thereafter Avinash dube and Akhilesh Dube were not found alive. The car was also found missing and no where about of it could be traced. Smt. Indra Dixit (PW 37) idintified the clothes recovered from the dead bodies of the two victims to be those of her brothers Avinash Dube and Akhilesh Dube. However, the identity of the four culprits, who had hired the taxi from Ajmer to Sirohi, could not be established nor could the car be recovered. As a result the investigation was closed and final report reciting the fact that the perpetrators of the crime could not be traced out nor could their identity be established, was accordingly filed in the Court of the concerned Magistrate by the police.
(3.) IN the intervening night between 13th and 14th March, 1976, five culprits hired a taxi car RJW 1134 at Beawar. Those five persons got the car stopped near Pali. They forcibly took -out the drivers from the car and took them in a field. Thereafter those five persons took away the car. The drivers of the taxi -car were threatened by those five culprits at the point of knives and daggers. A report of this occurrence was lodged in the same night at police Station, Gudda Endla. The police came in prompt action and information was sent through telephones to keep a watch on the roads. The taxi -car RJW 1134 detained at Abu Road by the police. Five persons including the appellants Rehmat Khan and Allahuddin were found in the car. They along with the remaining three were arrested. Taking the clue from the similarities in the two occurrences -first that took place with Avinash Dube and Akhilesh Dube and the second which took place in respect of taxi car RJW 1134 and the modus operandi adopted by the culprits in these two incidents, investigation closed in the earlier case (in respect of Avinash Dube and Akhilesh Dube) was re -opened and once again resumed by the police. Accused Rehmat Khan and Allahuddin were arrested in this case also. The remaining three culprits were also rounded -up. Accused Kesar khan was arrested on March 20, 1976 at village Peepli in the State of Gujarat at the instance of accused Dadu Khan, wrist watch (Article, 1) and its belt (Article 20) belonging to the deceased Avinash Dube and which he was wearing at the time of the commission of the crime, were recovered from PW 20 Sanda. In consequence Rampuri knife was recovered while in consequence of the information furnished by accused Dadu Khan one Kathiyawari dagger was recovered. In consequence of the information furnished by accused Rehmat Khan, one dagger motor car engine No. OEB 4241 - which was of the victims' taxi car RRL 6411 and some other parts of the body were recovered. In the course of investigation, the three accused viz. Allahuddin Dadu Khan and Kesar Khan made confessions before the Judicial Magistrate Mr. J.P. Chhangani. The confession (Ex.P 31) of accused Allahuddin was recorded on March 18,1976, the confession (Ex.P 33) of accused Dadu Khan was recorded on April 1, 1976 and the confession (Ex. P. 35) of accused Kesar Khan was recorded on April 5, 1976 by Mr. Chhangani. In the test identification conducted by the Judicial Magistrate PW 32 Ghan Shyam identified the four appellants Rehmat Khan, Kesar Khan Dadu Khan and Allahuddin as the four culprits who had hired taxi car RRL 6411 at Ajmer in the evening of April 29,1972 for Ajmer to Sirohi. PW 17 Amar Singh identified the appellants Rehmat Khan and Allahuddin also as the persons who had hired the aforesaid Ambassador car -taxi on April 28, 1972 for Ajmer to Sirohi. The wrist watch (Article 1) and its belt (Article 20) were identified to be of the deceased victim Avinash Dube by his father Narain Dube (PW 16). Accused Durlabh Bhai alias Professor Himaliya was arrested as accused Rehmat Khan sold the engine of the stolen car and other parts to him and he had purchased them knowing them to be the stolen articles. On the completion of investigation, the police submitted a challan against the five appellants in the Court of Munsif and Judicial Magistrate, Bali, who in his turn committed the case for trial to the Court of Sessions. The case came for trial before the learned Additional Sessions Judge, Sirohi, who framed charges under Sections 302 and 404, IPC against the four accused Rehmat Khan, Kesar Khan Dadu Khan and Allahuddin and under Section 411, IPC against accused Durlabh Bhai alias Professor Himaliya. The accused persons denied the guilt, refuted the charges and demanded the trial. In support of its case, the prosecution examined forty one witnesses and filed some documents. In defence, the accused advanced no evidence. On the conclusion of the trial, the learned Additional Sessions Judge found the charges duly proved against the appellants. They were consequently convicted and sentenced as mentioned at the very out set. Aggrieved against their conviction and sentences, the appellants have taken these appeals.;