BACHU S/O KEDAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgement and order dated 1st Sept., 1981, of the Additional Sessions Judge, Gangapur City, convicting the appellant under Sec. 395 and 397 I. P. C., and sentencing him to rigorous imprisonment for 5 years and a fine of Rs.500.00 or in default further rigorous imprisonment for 5 months, and rigorous imprisonment for 7 years and fine of Rs.700.00 or in default further rigorous imprisonment for 7 months, respectively. The two sentences have been ordered to run concurrently.

(2.) The case of the prosecution which resulted in the conviction and sentence of the appellant as afore mentioned is that, on April 15, 1980 at 8.00 p. m. he was one of the dacoits who committed a dacoity in the house of P.W. 4 Thandi. They are alleged to have been armed with deadly weapons including fire arms and sharp weapons and caused hurt to a number of persons in the course of commission of this crime. They decamped with silver and gold ornaments stolen from the house of P. W. 4 Thandi.

(3.) The F.I.R. in the case was lodged by Ramsahai, P. W. 1 the same night at 10.00, P. M. Bachhu, the present appellant surrendered in the court of the Judicial Magistrate, Karoli. on Sept. 8, 1980. He was sent to the judicial lock-up the same day. He was produced before the Judicial Magistrate on Sept. 10, then he was handed over to the police, It appears that after being detained for sometime by the police he was again sent to the Judicial Lock-up on Sept. 10, 1980. A test identification was held in the jail premises on Sept. 12, P.W.S. Ramjilal, Thandi Ram and Shriphool are alleged to correctly identified the appellant in the parade. However, Arjun and Choth Ram could not identify him.