G. K. SHARMA, J. - (1.)APPEAL No. 116/1980 has been filed by Narsingh, Deo Lal and Tuishi Ram. APPEAL No. 57/1980 has been filed by Gordhan, Chatra Ramcharan and Malkhan. Both these appeals arise from the judgment of learned Addl. Sessions Judge, Baran, dated 23. 1. 1980, in Sessions case No. 106/77, State of Rajasthan Vs. Tuishya and others under Sections 395 396 and 397 IPC, hence, both these appeals are disposed off by this common judgment. After filing appeal the appellant accused Malkhan had died, as such his appeal has abated.
(2.)JAGAN Nath lodged a written report on 2 6. 1977, at the police station Mangrole, to the effect that on the intervening night of first and second June, 1977, at about 12-1 am. when he was sleeping in his house with his wife Mst. Panchi and his son Babu, he saw two persons making a lurking house trespass by scaling over the wall. He challenged them but these three persons entered into the house after threatening him with dire-consequences. They gave beating to his son. He cried, so 10. 20 villagers came at the scene of occurrence. The miscreants snatched the 'rakhadi' from the hair of his wife. The villagers attempted to rescue them but Chandalal s/o Khema and Deo Lal s/o JAGAN Nath were beaten sevaraly by these persons. They also snatched away, Ramna-milocket) from Chandalal. The miscreants were armed with guns, gandasi and creckers etc which they used at the spot. They were about 7-8 in number. 3-4 persons entered into his house while the others remained out-side the house. When the villagers arrived at the scene the dacoits escapped. The injured Chanda Lal and Deo Lal were taken to hospital. Chanda Lal received serious injuries. On this report a case under Section 395, 397 IPC was registered.
The Dy. S. P. alongwith the S. H. O. inspected the site and prepared the site-memo Ex. P. 2. From the place of occurrence empty cartridges of revolver and 12 bore gun were recovered vide memos exhibits p. 3, 4 and 5.

Chandalal injured who was admitted in the hospital succumbed to his injuries so Section 396 IPC was also added. The post mortem of the dead body of Chanda Lal was conducted and the post mortem report is Ex. P. 40 The injury report of Chanda Lal is Ex. P. 41 and that of Deo Lal is Ex. P. 42. Ex. P. 43 is the regular first information report, which was prepared on the basis of report Ex P. 1. Accused Tulsi Ram, Ramcharan, Nar Singh, Raghunath, Sita Ram and Chatra were arrested vide arrest memos Ex. P. 34 to Ex. P. 39. The accused Gordhan and Malkhan were also arrested. As the accused persons were not known to the complainant and other witnesses, their identification parade was done before by Munsif Magistrate on different-different dates.

Accused Deolal gave information to get the recovery of one pistol This information was reduced into writing vide Ex. P. 16 and on the basis of this information and at his instance the pistol was recovered vide memo Ex. P. 17. The accused Tuishya gave information, which is Ex. P. 29 for the recovery of one 12 bore gun. On this information, at his instance gun was recovered from the house of Malkhan vide memo Ex. P. 18. On 3. 9. 77, Tulsiya again gave information for the recovery of one Gandasi, which is Ex P. 30 and on the basis of his informotion. Gandasi was recovered vide memo Ex. P. 21. The accused Nar Singh on 3. 9. 77 gave information Ex. P. 31 for the recovery of one lathi. On his information at his instance, lathi was recovered. On 28. 7. 1977 the accused Gordhan while in custody gave information to get the recovery of one 'rakhadi' which he has given to Chatra s/o Pancha. This information was reduced into writing which is Ex. P. 32 On the basis of his information Chatra was interrogated and on 29. 8 1977. Chatra gave information that Gordhan has given him one 'rakhadi', which he has kept in his house and he is prepared to get it recovered. This information is Ex. P. 33 and on the basis of this information and at the instance of Chatra, 'rakhadi' was recovered vide memo Ex. P. 19.

The empty cartridges of 12 bore gun and pistol were sent to the Forensic Science Laboratory for examination and the report is Ex. P. 27 and P. 28.

(3.)THE identification with regard to 'rakhadi' was also done, which was identified by the complainant, his wife Mst. Panchi and his son Babu Lal and Chanda Lal. After completing the investigation, police filed a challan against the eight accused persons under Sections 395, 396 and 397 IPC.
Learned Addl. Sess. Judge Baran, framed charge against all the accused persons under Sections 397, 396 IPC. The accused persons pleaded not guilty and claimed trial. In their statement under Section 313 Cr. P. C. , they have denied all the allegations of the prosecution witnesses. Accused Chatra claimed the 'rakhadi' as his own and in support of this claim he examined one witness Ratan Lal.

To prove the case against the accused persons the prosecution has examined 24 witnesses. The accused persons had examined one witness. Learned Addl. Sessions Judge after considering the entire evidence and hearing both learned counsel for the parties held that a case against Gordhan, Malkhan, Chatra, Ramcharau, Narsingh Deolal, and Tulshy Ram has been established. It was also held that the prosecution has failed to prove the case against Surajmal, hence he was acquitted from the charge under Sections 396-397 IPC.