SOBHAG MAL JAIN, J. - (1.) THIS appeal is directed against the judgment dated the 12th July, 1985 of the Sessions Judge, Jalore, convicting and sentencing the appellant for the offence under Section 395 IPC to 6 years rigorous imprisonment and a fine of Rs. 200/ -, in default of payment of fine to one month's simple imprisonment, under Section 458 IPC to four years rigorous imprisonment and a fine of Rs. 200/ - in default of payment of fine to one month's simple imprisonment and under Section 324 IPC to one year's rigorous imprisonment. All the substantive sentences have been directed to run concurrently.
(2.) THE case relates to the incident which took place on the intervening right of November 27 and 28, 1983 at the Sanchore Automobile Petrol Pump belonging to Shri Mishrimal of Sanchore and also at the octroi outpost of Sanchore. It is alleged that on the night of incident, at about 1.30 a.m., seven persons came to the Petrol Pump with axe, knife and lathies. Four of them entered the cabin by breaking open the glasses of the cabin and the three others remained outside. Pratap Singh, who was sleeping in the cabin, woke up by the noise but was assaulted, the dacoits then took away cash amounting to Rs. 3,356.00p., golden murkies which Pratap Singh was wearing, a RICO watch and a two band Philips Transistor (Radio). After committing the dacoity at the petrol pump they proceeded towards the octroi outpost and took away a sum of Rs. 2939/ - from there. Shrimanlal Nakedar was at the outpost at that time. A First Information Report of the occurrence was lodged by Mishri Lal the owner of the petrol pump at the Police Station, Sancoore at 2.50 a.m. the same night on which a case under Sections 395, 456, 147, 148, 149 and 427 IPC was registered. Shri Swaroop Singh, SHO, Sanchore, arranged a chase and by following the foot prints and other information reached Dhanera in Gujarat and arrested accused -appellant Varia on November 28. 1983 at 5 p m. at the border of Khagal. At the time of arrest a Philips Transistor was also recovered from the possession of the accused. In the course of investigation chance finger prints were raised from the place of incident which were sent for analysis and comparison. Pratapsingh produced the licence of the Radio -Transistor to the police. A test identification parade was conducted by Shri S.D. Bhaskar, Assistant Collector and Magistrate, Sanchore on December 15, 1983, where the witnesses Pratap Singh and Shrimanlal correctly identified the appellant. During investigation it transpired that besides the appellant, others namely, Pratap, Ishwar Sonia alias Chandan and Navla were also involved in the dacoity. They were arrested. On the information and at the instance of Pratap golden murkies and on the information and at the instance of Navla a RICO watch, were recovered. Two separate challans were filed against the accused. At first a challan against accused Varia was filed and he was committed to the Court of Sessions and a trial against him started. The other accused were arrested subsequently and a separate challan was filed against them. They too were committed to the Court of Sessions. By the order dated the 19th November, 1984, the learned Sessions Judge consolidated the case and held a common trial of all the accused, namely, Varia, Chandan, Pratap, Mavla and Ishwar. All the accused were charged and tried for the offences under Sections 395, 458, 324 and 323 IPC.
(3.) THE accused in their statements, recorded under Section 313 Cr.PC denied the prosecution allegations. They alleged that they were shown to the witnesses while in police custody. They denied the recovery and stated that they were innocent.;