TEJ SINGH Vs. STATE

JUDGEMENT

(1.) THE appellant has been convicted under sec. 441 I. P. C. and sentenced to 18 months' rigorous imprisonment by the learned Sessions Judge, Pali.

(2.) BRIEFLY the prosecution case is that a robbery took place on 24th June, 1958 in village Sirma at the house of one Birdhichand Mahajan at about sun-set. During the course of this robbery Mst. Sunder sister of Birdhichand was relieved of her ornaments, and some other ornaments lying in a Katordan were taken away by the robbers. One of the robbers who remained standing outside the house of Bridhichand is side to have relieved Mst. Zamkoo mother of Birdhichand of her ornaments while she was coming back to the house after attending the call of nature. The report of the incident was made on the morning of 25th June, 1958 at Raipur Police Station and after investigation three persons namely Jodhsingh, Kalyansingh and Koopsingh were challaned under sec. 394 of the Indian Penal Code and the present appellant under sec. 412 I. P. C. and in the alternative under sec. 411 I. P. C. All these four persons were committed to the court of the Sessions Judge, Pali and after trial the learned Sessions Judge acquitted Jodhsingh, Kalyansingh and Koopsingh of offence under sec. 394 I. P. C. but convicted Tejsingh appellant under sec. 411 I. P. C. and sentenced him to 18 months' rigorous imprisonment