SHYAMA AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition is filed by the three convicted accused persons Shyama, Sardariya and Kalu.

(2.) According to the prosecution story, PW 1 Nana Chamar, r/o Vill. Ummedpura under Police Station, Kapasan was robbed of his two ear-rings on 23.11.85 at 10 AM by the three persons, who were not known to the said Nana. On 26.11.85, Nana lodged on oral F.I.R. in respect of the said incident and a case under Sec. 392 of the Penal Code was registered. The three accused-persons were arrested and a challan under Sec. 394/34 of the Penal Code was filed in the court of the learned Munsif and Judi. Magistrate, Kapasan. All the three were charged for the offence under Sec. 394 of the Penal Code and they pleaded not guilty.

(3.) The prosecution examined PW 1 Nana, PW. 2 Narain Singh, PW 3 Madho, PW 4 Nathu, PW 5 Asha Ram, PW 6 Mohan and PW 7 Ram Chandra. The statements of the accused-persons under Sec. 313 of the Cr.PC. were then recorded. No defence evidence was led. The learned Additional Chief Additional Magistrate, Kapasan heard the arguments and delivered the judgment on 28.9.99. The three accused-persons were found guilty for the offence punishable under Sec. 394/34 of the Penal Code and each one was awarded simple imprisonment for two years and a fine of Rs. 500.00 each. No provision was made as to what shall happen, if the amount of fine was not deposited. Feeling aggrieved, the three accused-persons preferred an appeal, which was heard by the learned Additional Sessions Judge, No. 2, Chittorgarh and was dismissed in its entirety on 24.2.2003. Feeling aggrieved. this revision petition has been filed by the three accused-persons.