HEBAT SINGH Vs. STATE

JUDGEMENT

(1.) THE appellant Hebatsingh s/o Lachhman Singh Rajput of Segana, Tehsil Jalore, has been convicted by the learned Sessions Judge of Balotra for an offence under sec. 394 I. P. C. and sentenced to four years' rigorous imprisonment and a fine of Rs. 200/- in default to undergo six months' further rigorous imprisonment.

(2.) THE case for the prosecution is that on 1st September 1950 four persons on two camels committed three robberies in the jungle between the villages Manglawa and Bhundwa an hour before sun-set. First of all they way-laid Shyam Singh and his daughter Mst. Kanku. THEy were proceeding from Manglawa to Bhundwa. Shyam Singh was belaboured with lathis and thereafter his daughter Kanku was relieved of her ornaments. Near about that place, three persons, Trilokchand, Harakh Chand and Manakchand, who were residents of Manglawa, were going from Bhundwa to their village and the same robbers threatened to attack them and on account of fear no resistance was offered while the strangers robbed Trilokchand of his jhelas, and Harakhchand of Rs. 40/15/- which were in his pocket. At some distance from this place was Khima grazing his camel. THE strangers gave a lathi blow to Khima and took away the she-camel. THE first and the third were reported by Son Singh at Police-Station Babhatra at about 11 P. M. and these reports are Ex. P-l and Ex. P-2. THE second incident was reported by Manakchand at the same Police Station on the 3rd of September. In all these reports it was mentioned that the robbers were unknown persons. During the course of investigation, Hebat Singh was arrested in connection with some other case and the case for the prosecution is that he was one of the four persons concerned in these crimes. Three separate challans were produced but at the trial all the three charges were tried together. THE accused denied the charge and attributed the prosecution to his enmity with Amba who was related to Son Singh. THE trial resulted in his conviction and sentence as aforesaid.