BHAGWATI, J. - (1.) Challenge in this appeal is to the judgment and order dated 30th November, 1985 rendered by Additional Sessions Judge No.1. Bharatpur whereby the accused appellants namely Dadua, Tejpal and Chandra Pal have been convicted in the offence under Section 395 of IPC and sentenced to five years Rigorous Imprisonment and a fine of Rs. 200/-; in default of payment of fine to further suffer three months simple Imprisonment.
(2.) The facts necessary for the disposal of this appeal succinctly stated are as under:- That in the intervening night of 28th and 29th August, 1978 at about 11 or 12, five or six miscreants armed with deadly weapons viz. country- made pistol, clubs etc. country-made pistol, clubs etc. entered in the Mohallah of Jatavs situated in Village Jaya and robbed the ladies who were wearing silver and golden ornaments. It is alleged that these miscreants overawed the ladies, gave them beating, opened fire by Deshi-Katta and removed Kadulas and other ornaments from their body. When the resistance was shown, the miscreants assaulted upon Rupan Devi, Roop Singh, Faguniram, Sohan Dei, Pooran, Bhagwat, Shivdi and Hari Singh causing injuries on their person. Two or three persons sustained pallet injuries also. PW.4 Chetram gave a written report of this incident to SHO Police Station Kumher who lodged the FIR Ex. P/19 and commenced investigation.
(3.) During the investigation, Police prepared the site plan Ex. P/1, recovered three empty cartridges from the spot vide memo Ex. P/2, recorded the statement of the witnesses acquainted with the facts and circumstances of the case under Section 161 of Cr.P.C, got the injured namely Rupan Devi, Roop Singh, Faguniram, Sohan Dei, Pooran, Bhagwat, Shivdi and Hari Singh medically examined, obtained the list Ex. P/13 relating to the stolen ornaments and articles, arrested the accused Dadua on 18th September, 1978 vide arrest memo Ex. P/15, accused Tejpal on 3rd October, 1978 vide arrest memo Ex. P. 20 and Chandrapal on 25th January, 1981 vide arrest Memo Ex. P/17 and got their test identification parade conducted in Central Jail Sevar, District Bharatpur where the witnesses rightly identified these dacoits. After usual investigation, the police filed the charge-sheet against the accused persons namely Dadua, Tejpal and Chandra Pal in the offences under Sections 395, 458 and 380 of IPC.;