OM PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The two appellants were convicted by the trial Court for the offence punishable under Section 395, IPC and sentenced to suffer 4 years rigorous imprisonment. The High Court confirmed their conviction and sentence. Therefore, they have filed this appeal.

(2.) It was alleged against them that they along with Amarjit Singh, Radhey Shyam and Vijay Kumar had robbed Mohan Lal of his wrist watch and 10 currency notes of Rs. 10/- each. On 10-4-1977 at 5.00 p.m., while Mohan Lal was standing in front of his shop along with his brother Prabhunarain all the 5 accused come there in a car and after committing the dacoity ran away in that car. Within an hour they were caught by the police near Dausa octroi check-post.

(3.) In order to prove its case the prosecution had examined three eye-witnesses Mohan Lal (PW-6), Prabhunarain (PW-2) and Hanuman-sahai (PW-6). The prosecution had also relied upon the circumstance that when the search of accused Amarjit Singh was taken at the police station the wrist watch belonging to Mohan Lal was found from his person. Believing the evidence of these witnesses and also the recovery of wrist watch from Amarjit Singh the trial Court held that five persons had caught hold of Mohan Lal and had snatched away his wrist watch and hundred rupees. It, however, held that identity of accused Vijay Kumar and Radhey Shyam was not established beyond doubt and, therefore, acquitted them. The other three accused, that is, two appellants and Amarjit Singh were convicted under Section 395, IPC.