JHABBOO Vs. STATE

JUDGEMENT

(1.) THIS criminal appeal, under Section 374 (2) Crimi nal Procedure Code, has been filed against the impugned judgment and order dated 16. 2. 1982 passed in Session Trial No. 376 of 1980, State v. Jhabboo and others, convicting the accused Jhabboo for the offence under Sections 395/397 of the Indian Penal Code and he was sentenced to undergo rigorous imprisonment for 10 years. Other accused-appellant Sunder, Hansh and Itwari were also found guilty for the offence punishable under Section 395 Indian Penal Code and they were also convicted and sentenced to undergo rigorous imprisonment for 10 years each.

(2.) BRIEF facts arising out in this criminal appeal is that Sri Punni son of Khushali lodged the First Information Report on 21. 6. 1979 at 12. 40 p. m. regarding the occurrence dated 20/21. 6. 1979 at about 11. 00 p. m. after covering the distance of 10 km. Against all the four appellants and some unknown miscreants wherein it has been stated that all the four accused-appellants named in the First Informa tion Report along with some unknown persons had entered in the house of infor mant and committed dacoity and they have taken ten articles mentioned in the F. I. R. In the same time the wife of informant, brother of informant and wife of his brother were beaten by the miscreants with Dandas. Consequently, they sus tained injuries in the alleged occurrence. All the miscreants were seen by the informant and the witnesses in the light of torches and lantern. They were also holding gun and country made pistols at the time of incident. Named accused- appellants have been identified in the same incident at the time of alleged dacoity. After lodging the F. I. R. investigation was entrusted to S. I. Babu Ram. On 21. 6. 1979 at about 3. 40 p. m. Smt. Sonwati was medically examined by the Doctor and fire arm injuries were found on her person. Smt. Pyari was also examined on 21. 6. 1979 at 4. 05 p. m. and 12 injuries were found on her person.

(3.) THE Investigating Officer inspected the place of occurrence at the instance of informant and prepared site plan. After completion of the investigation the Investigating Officer has filed charge against all the four accused-appellants. After commitment of the case they were charged by the concerned Addl. Sessions Judge for the offences punishable under Sections 395 and 397, I. P. C. THEy pleaded no guilty and claimed to be tried. Statements of all the four accused persons were recorded by the trial Court under Section 313, Cr. PC. THEy have denied all the evidence adduced against them and further they have stated that they have been falsely implicated in this case due to previous enmity.