THANWARA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellant was convicted u/s 459 IPC and sentenced to three years R. I. and a fine of Rs. 50/-by Shri D. C. Hajela, learned Sessions Judge, Dungarpur, vide his judgment dated September 28, 1979 Aggrieved against his conviction and sentences, the appellant has preferred this appeal.

(2.) THE facts of the case are that a report was lodged at Police Station Dungarpur at 5. 30 p. m. on 17. 5. 79. This report was made by Smt. Durga, P. W. 1. In the said report it was alleged by her that she was sleeping at the house of her 'jethani' (wife of husband's elder brother), while she was sleeping on a cot and her 'jeth', his wife Smt. Tulsi and Soma's son Gautam were also sleeping at the same place. It was further stated in the report that at 1. 00 A. M. in the night of 16. 5. 79, the appellant Thanwara came and inflicted a lathi blow on her face, on account of which one teeth was broken. It was also stated in the report that on her cry, Soma, Smt. Tulsi and Gautam woke up and the accused appellant ran away. In the report it was also admitted that there was an enmity between the appellant and her Jeth Soma.

(3.) D. W. 2 is Heera. He has given the evidence about the enmity between the parties. The learned trial court, without making any critical analysis of the evidence, convicted the accused appellant as stated above. He observed that FIR was promptly lodged and that Mst. Durga had identified the appellant.