DAULLA SHOJJI RAM Vs. STATE

JUDGEMENT

(1.) THE Appellant has been convicted under Section 394 of the Indian Penal Code and sentenced to one year's R.I. by the Additional Sessions Judge, Guna.

(2.) ACCORDING to the prosecution, Radhey Lal (P. W. 1), a goldsmith and resident of Bina Gunj went to a market (hat) in village Pechi for Selling and purchasing ornaments. While returning from that market at about 5 p.m., he was way -laid and robbed by two persons. He was riding a bicycle with a box tied to its luggage carrier. The distance between Bina Gunj and Pechi is about 4 miles. He had travelled almost half the distance when the two persons, with lathis in their hands, surrounded him. Both of them gave him lathi blows, untied the box and took it away. Because of the injuries Radhey Lal could not proceed further. After about half an hour Madholal (P. W. 10) happened to pass that way. He gave a lift to Radheylal in a cart to Bina Gunj. The same day, first information report was lodged at police station Chachoda at 8 p.m. The names of the robbers were not mentioned in the F.I.R. because according to Radheylal they were unknown persons. Badam Singh, Hajarilal and Laxman were first tried, but they were all acquitted. The Appellant was arrested on September 20, 1957 that is almost after 2 years of the occurrence, which took place on October 1, 1955.

(3.) THE conviction of the Appellant has been based on two facts: (1) that the Appellant and Laxman (accused in the previous case) had together pledged some silver ornaments with Dhurilal (P. W. 24) and these ornaments were eventually identified by Radheylal to be his; (2) that the Appellant had taken on rent in village Narainpura a house from Amritlal (P. W. 7), and when that house was searched on May 12, 1956, among other things, Articles 1, 2, 15, 17, 19, 20, 24 and 27 were found in a box kept in that house and these ornaments also were identified by and found to be belonging to Radheylal.