POORAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) S.B. Criminal Appeal No. 307 of 1975 preferred by Pooran and S. B, Criminal Appeal No. 436 of 1975 filed by Rameshwar are directed against one 1 and the same judgment of the Sessions Judge. Bharatpur dated June 10, 1975, by Which Pooran was convicted under sections 308 read wish section 34 and section I 394 read with Sec. 34 I.P.C. while Rameshwar was convicted under section 308 and section 394'read with section 34, I.P.C. and each of them was sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 200.00 in default of payment of fine to further suffer rigorous imprisonment for two months on the first court find on the second to undergo rigorous imprisonment f for three years and to pay a fine fine 'of Rs. 100.00, in default of payment of line to suffer rigorous imprisonment for one month. The substantive sentence awarded to each appellant on both the counts were, however, ordered to run concurrently.

(2.) The incident that led to the prosecution of Pooran and Rameshwar appellants may be briefly described as follows:

(3.) On Sept. 16, 1974 Shri Bangali, P.W. 1 was coming back from Bharatpur to this village Noh at about 7.45 p.m. In the Way when he reached near the Abadi area of his village, the two appellants met him and made an attack on him. Rameshwar appellant caught hold of his whist and inflicted a blow on his stomach with a knife while Pooran appellant kicked him on his hip and forcibly took out Rs. 17/-, from his pocket. Thereafter, both the appellants disappeared from the place of occurrence in different directions. Bangali made a hue, and cry winch at first attracted his uncle Jagannath to the spot. Jagannath also raised an outcry and on hearing his cries Nathi and Chitar also came there. As Shri Bangali had become ,unconscious so he was immediately removed to Bharatpur hospital and was admitted there in as an indoor patient. The Medical Officer at Bharatpur Hospital, however, informed the police and upon his information Mool Chand Dixit, Head Constable, Police outpost Mathura Gate, Bharatpur, rushed to the spot and recorded the statement of Shri Bangali injured which was treated a as first information report and on the basis of which a formal first information report (Ex. P. 3) in the prescribed form was recorded. Shri Bangali was metrically examined by (Dr. Kantiaiya Lal Sharma, P. W. 6, who found the following injury on his body