TOOFAN SINGH AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Since both the appeals arise out of the judgment dated 27.7.2001 in sessions case No. 30/99, they are being decided by a common judgment.

(2.) Vide judgment under challenge, the learned trial court has convicted all the five accused appellants for offence under Sections 395 and 397 Penal Code and sentenced each of them to undergo rigorous imprisonment for 7 years with a fine of Rs. 10000.00 each, in default of payment of fine, each of the accused was to further undergo rigorous imprisonment for 18 months each separately for both the offences. Appellant Goriya has further been convicted under Sec. 4/27 Penal Code and sentenced to undergo rigorous imprisonment for 3 years with a fine of Rs. 500.00 each, in default thereof, he was to further undergo simple imprisonment for six months.

(3.) On 14.3.1999, PW 2 Amra alongwith PW4 Kalu, PW9 Nanda, PW6 Bhooli Bai and Chowkidar PW15 Kishan Lal came to Police Station Dug (Jhalawar) in a Tractor Trolly and he submitted an oral report to the effect that in the night at about 11-12 while he was sleeping in his house, light flashed at the door of his house and as a result thereof, he awaked. He saw 8-10 persons standing there. All were wearing Dhotis and Kurtas. Out of them, one accused struck 2-3 lathi blows on him, as a result of which he fell down. The accused after cutting the door with the help of an axe, entered in his house. They belaboured his wife Sita Bai and took away with them a pot (Bhandi) containing opium weighing 8 Kgs. Thereafter they entered the house of Kalu and after beating Kalu and his wife looted opium weighing 10 kgs from his house. When Kishan Lal Chowkidar came running, the accused opened fire at him.