HANUMANSINGH Vs. STATE

JUDGEMENT

(1.) THE appeal is by Hanuman Singh who has been convicted under sec. 394 I. P. C. THE reference is by the Judge who convicted him. It appears that the Judge applied sec. 562 to the case of Hanumansingh, and bound him over for good behaviour. Later the learned Judge discovered that sec. 562 Cr. P. C. could not be used in favour of a person who has been convicted under sec. 394, and he has, therefore, made this reference to correct that mistake.

(2.) THE prosecution story was briefly this. One Luna jat of village Sadasar was in his field on the afternoon of the 14th October, 1951. Two persons came on a camel and forcibly took away the camel of Luna jat from the field. THEreupon Luna pursued them on another camel and also raised an alaram. His story is that he overtook them, and gave a lathi blow to the man who was riding on his camel with the result that that man fell down and; Luna recovered his camel. That man got on the camel on which his associate was. Before however they could get way, Labhu met them and tried to intercept them, THEreupon, the other man shot at Labhu who was injured. THE first man, who was Hanuman Singh accused, then took away the camel of Labhu. THEse persons were chased I for some more time, but they managed to escape.