Ghurelal & Ors vs State Of Rajasthan

C. During the course of investigation, the appellants were arrested. Raghuveer was arrested on December 19, 1996 and one Ambassador car was recovered at his instance. On his further disclosure and instance, one Kondhani of silver, 2 silver glasses, one silver Katori, one silver spoon and one torch were recovered.

Raghuveer, Ghurelal and Kallu were put to the identification parade. On December 24, 1996, co-accused Ram Krishan (now dead) was arrested. On his arrest, case for offence under Section 120B, IPC was also added. On the information and at the instance of accused Kallu, a 12 bore gun, one silver Katori, one pair of ear tops and one earring was recovered on December 29, 1996. On the information furnished by Ghurelal, one golden ring, one ear `jhala', one necklace, one Ilaychidani, one silver spoon and one Kondhani were recovered on December 30, 1996. On January 1, 1997, accused appellants Rajpal, Samay Singh and Chunchu @ Bhagwan Singh were arrested. One 12 bore gun, one worship platter, 4 silver 3 glasses, one Katori and Rs.2,000/- in cash were recovered from Chunchu @ Bhagwan. On the information furnished by accused Samay Singh, one 32 bore revolver, two empty cartridges, 4 live cartridges, 5 glasses, one Katori, one silver spoon and two coin of silver along with Rs.8,900/- in cash and two notes of Nepal currency were recovered. On the information of appellant Rajpal, one 32 bore Katta, one empty cartridge, 5 live cartridges, two golden bangles (Kangan), 3 silver button, one Katori of silver, one silver glass and Rs.1000/- in cash were recovered. Some recoveries were also made at the instance of co-accused Kuniya and Talevar (acquitted by the High Court). Appellants Samay Singh, Chunchu and Rajpal were also put to the identification parade.

D. After completing the investigation, the police filed challan for offences punishable under Sections 395, 396, 397, 120B and 412 IPC, and under Sections 3/25 and 3/27 of the Arms Act, 1950. The charges were framed against the accused appellants. The accused denied the charges and claimed to be tried. Prosecution produced as many as 34 witnesses and exhibited 80 documents (Ex.P-1 to Ex.P-

E. The trial court convicted all the accused under the provisions of Section 396 IPC and awarded them punishment to undergo life imprisonment and a fine of Rs. 1,000/-, and in default of payment of fine, to further undergo six months rigorous imprisonment. All of them were also convicted for the offence punishable under Section 397 IPC, and a sentence to undergo rigorous imprisonment for seven years and a fine of Rs.500/- and in default of payment of fine, three months rigorous imprisonment was awarded. They were further convicted under Section 395 IPC, awarded life imprisonment and fine of Rs. 1,000/- and in default of payment of fine, to further undergo six months rigorous imprisonment.

Accused Ghurelal, Chunchu @ Bhagwan Singh, Kallu, Rajpal and Samay Singh were further convicted under Sections 3/25 and 3/27 of the Arms Act and to each, a sentence was awarded to undergo three years rigorous imprisonment and a fine of Rs. 500/- and in default of payment of fine, to further undergo three months rigorous imprisonment.

6. In the instant case, 9 persons were put to trial. One accused, namely, Ram Krishan died during the course of trial. Two persons, namely, Talevar and Kuniya stood acquitted by the High Court by the same impugned judgment and order. The appeal against their acquittal i.e. Criminal Appeal No. 937 of 2005 is being dealt with separately. Therefore, we are concerned only with the remaining six appellants.

10. The recoveries made at the instances of the appellants stood proved by examining the panel witnesses, except in case of recovery made on disclosure statement of Ghurelal in respect of one gun of 12 bore live cartridges, one golden ear ring, one necklace of gold, one Iliayachi Dani made of silver, one silver spoon and one silver bowl, as the two panch witnesses, namely, Sher Singh (PW.30) and Udaibir Singh (PW.31) turned hostile. Both the courts below have held that the recovery from Ghurelal, one of the accused, cannot be dis-believed merely because the panch witnesses turned hostile. We do not find any cogent reason to take a view contrary to the view taken by the two courts below.

11. Shri Altaf Hussain, learned counsel appearing for the appellants, had taken us through the entire evidence. He could not point out any material discrepancy in the statements of the witnesses which goes to the root of the case. Nor could he satisfy us how the judgment impugned requires any interference. We do not find any cogent reason to interfere with the concurrent findings of fact, recorded by the courts below. The appeal lacks merit and is accordingly dismissed.

12. It is evident from the record, particularly, the order dated 28.4.2006 that all the six appellants had already served 9 years of actual imprisonment and, thus, had been enlarged on bail by this Court. Thus, their bail bonds are cancelled and they are directed to surrender within a period of two weeks from today, failing which, the Chief Judicial Magistrate, Laxmangarh, Alwar, will take them into custody and send them to jail to serve out the remaining part of the sentence. A copy of the judgment and order be sent to the learned Chief Judicial Magistrate, Alwar, for compliance.