GORDHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition has been filed against the judgment of the learned Sessions Judge, Bundi passed on 9th March, 1989 in Criminal Appeal No. 2/87 by which he maintained the conviction and sentences of the petitioners under Section 379 I.P.C. to one year simple imprisonment and a fine of Rs. 250/- each.

(2.) The facts of the case are that a case under Section 379 I.P.C. was registered at Police Station Bundi on 15th May, 1977 on the report of one Nand Kishore of Kota. In the said report, it was alleged that his cousin brother, along with his wife and the wife of younger brother were going to Udaipur in a night bus then some persons took away their two boxes, which were placed on the roof of the bus. After registering the case, police recovered the articles from the possession of the accused on their information and after completion of the investigation, submitted a charge-sheet against the petitioners and on co-accused Dana Ram.

(3.) During trial, prosecution examined as many as 21 witnesses. No witness was examined indefence. The learned Additional Munsif and Judicial Magistrate No.1, Bundi after completion of the trial, found the petitioners guilty for the offence under Sec. 379 I.P.C. The learned Magistrate, thereafter, convicted the petitioners under Section 379 I.P.C. and sentenced to each of them to undergo simple imprisonment for one year and to pay a fine of Rs. 250/-. In default of payment of fine, each of the petitioners was to undergo further simple imprisonment for one month. The coaccused Dana Ram died during the pendency of the trial as such the proceedings against him were dropped. So far as the recovered articles are concerned, they were directed to be given to Smt. Urmila and Smt. Mala Choudhary vide judgment dated 31st March, 1987.