PUNIA & ORS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellants have challenged the judgment dated 21.08.1989 passed by the Sessions Judge, Merta, whereby the learned Judge has convicted the appellants for offences under Section 459/34 and 394/34 IPC. For both these offences, he has sentenced them to seven years of rigorous imprisonment and has imposed them with fine of Rs.1,000/- and has directed them to further undergo a period of six months of rigorous imprisonment in default thereof.

(2.) Briefly, the facts of the case are that Deva Ram (P.W.4) submitted a written report (Ex.P/5), wherein he claimed that on 15.10.1983, his uncle Hardeen (P.W.1) was sleeping in the inner courtyard of his house.

(3.) Around 3 O' Clock in the night, his uncle heard some noises. When he woke up, he saw the appellants Sohan, Ramji and Poonia trying to open the lock of a room. He caught hold of Sohan. However, Poonia and Ramji assaulted him with lathis. Consequently, his uncle lost two teeth and sustained injuries on his fingers. They also tried to strangulate him. On the basis of this report, a formal FIR was chalked out for offences under Sections 459, 325, 323 and 394 IPC.