TARA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ORDER :- Both these revision petitions have been heard together and will be decided together by this order as both the accused petitioners jointly faced trial and were convicted for offence under Section 394, IPC by learned Additional Chief Judicial Magistrate No. 4, Jodhpur by his judgment dated 20-3-1991 and each one of them was sentenced to four years rigorous imprisonment with a fine of Rs. 500/- and in default to undergo six months rigorous imprisonment. Both of them preferred joint appeal before learned Sessions Judge, Jodhpur which was decided by learned Additional Sessions Judge No. 1, Jodhpur on 31-8-1991 who reduced the sentence of four years to three years under Section 394, IPC but maintained the sentence of fine.

(2.) I have heard the learned counsel for both the petitioners in two different revisions as well as learned Public Prosecutor at length.

(3.) Relevant facts are that at about 11.00 P.M. on 27-3-1983 Smt. Dhapi was passing through the 'B' Road in Sardarpura, Jodhpur in order to go to her house. When she reached in front of Shiv Mandir near Gandhi Maidan two persons came on a cycle from her back side. Both of them caught hold of her and fell down. She was wearing a 'borala' (golden ornament) on her head. They tried to snatch it. While snatching the ornament one of them put chilly powder in her eyes. Smt. Dhapi made hue and cry but the 'borala' which was tied on her head was snatched. Both of them tried to run away but in the meantime two constables and Bal Kishan Gupta came and chased the petitioners. They were caught. Smt. Dhapi went to police station along with her son-in-law and reported the matter where first information report was registered. Kedar and Sitaram constables brought both the petitioners stating that they had run away after snatching the 'borala' of Smt. Dhapi. Tara Singh petitioner was arrested vide Ex. P/4 while petitioner Satyanarain was arrested vide Ex. P/5. When search was taken 'borala' was recovered from the possession of Tara Singh and chilly powder was recovered from accused petitioner Satyanarain. During investigation Smt. Dhapi was medically examined. She was having some injuries as detailed in Ex. P/9. After investigation challan was submitted before Chief Judicial Magistrate who framed charges under Sections 394/34, IPC against both the accused petitioners who denied them and claimed trial. Thereupon prosecution examined as many as ten witnesses in support of its case. Then the petitioners were examined under Section 313, Cr. P.C. They did not produce any evidence in defence. Learned Additional Chief Judicial Magistrate, after hearing both the parties, convicted and sentenced the petitioners as stated above. On appeal their conviction was maintained but sentence of jail was reduced.