PAPPU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) APPELLANTS Pappu and Chopya have filed this criminal appeal under Sec. 374 Cr. P. C. challenging the judgment and order dated 22. 10. 2001 passed by the learned Additional Sessions Judge (Fast Track), Tonk whereby he has convicted and sentenced the appellants for offence under Section 395 IPC and sentenced each of them to undergo rigorous imprisonment for 10 years with a fine of Rs. 2000/-, in default thereof, each to further undergo 3 months' rigorous imprisonment.

(2.) BRIEFLY stated the facts giving rise to this appeal are that on 30. 1. 2001 at 6. 30 AM, PW. 1 Girraj Kishore lodged a written report, Ex. P. 1 at Police Station, Devli alleging therein that on 29. 1. 2001, under the orders of District Collector, Sawaimadhopur, he along with some officials were carrying various articles in Truck No. RCB 2004 for relief to the victims of earthquake in Gujrat. While on way near Devli, the tyre of the truck got punctured at about 4. 30 AM, one person came there and demanded `biri' from driver of the truck, but he refused to give biri. In the mean-time, 12-13 persons encircled them and attacked on them and started beating them. It was further alleged that the miscreants decamped with the articles looted from the complainant, Meghraj Katol, Hanuman Prasad Jangid and Sukhji, driver. On the above written report, police registered a case vide FIR, Ex. P. 2 for offence under Sections 395 and 323 IPC and proceeded with the investigation.

(3.) I have heard learned counsel for the parties and gone through the impugned judgment and the evidence and material on record.