R.P. Vyas, J. - (1.) The instant appeal is directed against the judgment and order dated 19.12.2001 passed by the learned Additional Sessions Judge, Nathdwara whereby he has convicted the accused appellants for offence under Section 395 Indian Penal Code and has sentenced them to undergo 10 years' R.I. and a fine of Rs. 2,000/- each and in default to further undergo 1 year's R.I.
(2.) Briefly-stated the facts of the case are that on 24.1. 1997 Prem Singh lodged an oral report alleging inter alia that he is working at Lavri Petrol Pump for last 3 years. In the night at about 2'O clock, since vehicles were not coming for filling up petrol, therefore, they were taking rest in the office. Outside the office, two tankers were lying. In office, cook Kanhaiya Lal, Bhim Singh and Fateh Singh were sleeping. At that time, 5-7 persons wearing pent-shirt and sweater came there and started throwing stones towards the office, due to which the glasses were broken, on this they wake up. The three accused persons came towards them and started beating them with lathi, on which he lifted the lathi and started giving blows to the accused by lathi, on which all the accused fell on him. Two persons started breaking the cash box. It is also alleged that the complainant Prem Singh raised hue and cry, on which neighbourer Shri Bhagwati Prasad Joshi came there. tie was also beaten by the accused persons. It was also alleged that the accused persons took away the cash lying in the cash box. It was alleged that the complainant received injuries on his face and hands. The accused persons have taken away a sum of Rs. 10-12 thousand lying in the cash box.
(3.) On this report, a case under Section 395 Indian Penal Code was registered and investigation commenced.;