Decided on January 05,1967

AMAR SINGH Appellant


- (1.) THIS appeal has been filed by accused Amar Singh and five others against the judgment of the Additional Sessions Judge, Churu, dated 26th May, 1965, convicting all the six appellants under Section 395 Indian Penal Code and sentencing each one of them to undergo one year rigorous imprisonment.
(2.) THE facts giving rise to this case, briefly stated, are as follows:
(3.) A she-camel belonging to the complainant Amar Singh of village Gusaisar was taken to the jungle for grazing purposes from where it is said to have been stolen. The foot-prints of the thieves and that of the she-camel were, however, tracked by amar Singh for tracing the stolen property and the thieves and by this process he reached upto the bara of accused Amarsingh in village Satara where he suspected his she-camel. He requested the residents of Satara to help him to recover the she-camel from the bara it so appears that one other tracking party of Gusaisar that started from there after Amar Singh had left also reached Salara and the members of this tracking party along with Amar Singh complainant surrounded the house and the adjoining bara of the accused Amar Singh, but before they could take a decision to enter the bara of the accused Amar Singh, accused alongwith one other person riding on the two she-camels including the one belonging to complainant came out of the bara complainant Amar Singh thereupon tried to catch hold of his she-camel but it is said that accused Amar Singh opened fire at the complainant party and also used his sword to make good his escape from there. A report was lodged of this incident at the Police Station, Ratan Nagar and a case under Section 395 of the Indian Penal Code was registered against 16 persons who helped Amar Singh accused in taking away the stolen she-camel from his bara. As a result of the investigation, a charge sheet was submitted against 16 persons in the court of the Magistrate First Class, Churu. After enquiry, the learned magistrate committed all of them to the Court of Session to take their trial under sections 395 and 397 Indian Penal Code. The charge that was framed against the accused persons was that on 3rd of June, 1961, at about 8. 00 p. m. they committed dacoity in village Satara by forcibly taking away the she-camel belonging to Amar Singh complainant and while committing that dacoity the accused used deadly weapons like sword, knife and pistol and caused simple injuries to Amar Singh, Kushal Singh and Uma. Some- of the accused persons were also charged for offences under sections 412 and 414 Indian Penal Code for having dishonestly receiving the stolen property, namely, the she-camel and they also voluntarily assisted in concealment of the she-camel.;

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