HURJI & ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 19.2.1982 passed by the learned Sessions Judge, Banswara convicting the each of the appellant of offence under Sec. 395 & 397 I.P.C. and sentenced to 7 years R.l. and to pay a fine of Rs. 250.00, in default of payment to further undergo 3 months R.l.

(2.) The prosecution case unfolded during the trial is that on 4.4.1979 RW. 4 Vijaylal and his wife P.W. 5 Jevni were at their field. Some 20 persons came there and committed a dacoity and took away their property like utensil's, watch, dhoti, shirt and Rs. 50.00. The Police registered the case of offence under Sec. 395 & 397 I.RC. and proceeded with the investigation. After usual investigation, Police laid charge-sheet against the six accused persons.

(3.) The accused persons pleaded not guilty and claimed trial. The prosecution in support of the case examined 16 witnesses and produced number of documents. The trial Judge acquitted the accused Kalia and convicted rest of the accused persons for the aforesaid offence and sentenced as stated above.