MILAP CHANDRA, J. - (1.) THIS is an appeal against the judgment of the learned Sessions Judge, Jalore dated 18 -7 -78 by which he convicted the accused appellants as under: JUDGEMENT_562_TLRAJ0_1987.htm
(2.) THE prosecution case may be briefly summarised thus. At about 10 a.m. on 7 -10 -1975, the accused -appellants along with 30 other persons formed an unlawful assembly with the common object of committing dacoity in field, bearing Khasra No. 591 situated in village Hema Gudha (Sanchore). In pursuance thereof, they came armed with gun, kulharis, lathis and dharias in three tractors. They tied the hands of Harchand PW 12 and Meera PW 11, broke open the iron box and took away 'Bajri Sattis' and also ornaments, cash and clothes lying in the box. Written report Ex. P 4 was lodged by Poora PW 10 at the police station, Sanchore on 10 -10 -1975. Thereon, FIR Ex. P 12 was registered under Sections 147, 342 and 382, IPC. After usual investigation, challan under Sections 147, 342, 382 and 454, IPC was filed against the accused -appellants and also against Molia, Raga, Genda, Peera and Oka who have been challaned, before the Munsif cum -Judicial Magistrate, Sanchore. He committed them to the Court of Sessions Judge, Jalore. Charges under Sections 147, 148, 342, 454 and 395, IPC were framed against all of them. The prosecution examined 19 witnesses and tendered and proved 11 documents. All the accused -persons denied the prosecution story except their arrest. The accused Veerma stated in his examination under Section 313, Cr. PC that the Sub -Divisional Officer, Bhinmal had decided the case regarding the disputed field in his favour, accordingly, mutation was effected in his favour, injunction order was issued against the complainant -party, he cultivated the said field in S.Y. 2032, Peelan, box and 'Bajri Sattis' were recovered from his house, they belonged to him and he has not committed any theft. The other accused persons have stated that they have falsely been implicated because of close relations with the accused Veerma. They examined six witnesses and tendered and proved 11 documents in their defence. After hearing the parties, the learned Sessions Judge convicted the accused appellants as said above and acquitted the remaining five accused persons, namely, Molia, Rama, Bonda, Peera and Oka. The learned Counsel for the accused -appellants has contended thus. Admittedly, dispute in between Chatra PW 18 and Veerma was going on over the disputed field prior to October, 1975. This false case was got made against the accused -persons with the help of the police when the complainant party could not succeed in the Revenue Court. Proceedings under the Rajasthan Escheats Regulation Act were commenced in respect of the disputed field after its Khatedar Rama died without leaving any heir. The disputed field was put to auction and the accused Rama gave the highest bid. After depositing the bid money, he cultivated it. An inordinate delay of over 50 hours in lodging the report Ex. P 4 has not been explained. It does not contain essential details of the occurrence despite the fact that it was drafted by a lawyer of Jalore. No identification parade of any accused or any was held. As such the identification of the accused persons and articles in the Court was of no value. He cited Budh Sen v. State of UP. AIR 1970 SC 1921 ;Jadunath Singh v. State of UP(AW 1971 SC 363), Hasib v. State of Bihar : 1972CriLJ233 ) and State v. V.C. Shukla : 1980CriLJ965 ).
(3.) THE learned Public Prosecutor duly supported the judgment of the learned Sessions Judge, Jalore,;