STATE Vs. MOTIA

JUDGEMENT

(1.) THIS is an appeal by the State against the acquittal of Motia, Gepla and Achalia of offences Under Sections 302 and 318, IPC Motia and Gepla have been served, and the appeal is, therefore, being heard against them. Achalia has not been found yet, and the appeal against him will remain pending.

(2.) THE prosecution story was briefly this : Harka deceased, his wife Mst. Chakhu also deceased, and his daughter Jammu also deceased used to live in village Bakra. Siremal P. W. 8 is a neighbour of Harka, his house being 40 paces away. He heard the cries of Mst. Rambha, mother of Harka deceased, on the morning of 8-12-1948. Mst. Rambha is blind, and was told by a child in the morning that Hartia, was lying dead, and therefore raised an alarm. Siremal ,t went to Harka's house accompanied l5y Kistoorchand, and saw the dead bodies of. Harkha, his wife Chakhu and his daughter Jammu lying there in the Pol. They, therefore, sent information to the police at Jalore. Sub-Inspector Hukamsingh immediately left for Bakra, and started investigation there. He found the cash box open and empty, and the 'ora' broken into, and it also seemed that ornaments were taken away 12-1948, when Motia accused was arrested at Jaswantpura at the hotel of one Sama. Motia accused had gone to this hotel on 15-121948, and took his meals there. Thereafter, he asked Sama to keep his small box in safe custody. Sama found that the box was very heavy for its size and became suspicious, and asked Motia what the box contained. Motia told him that it contained money as he was going to Nimaj to buy a mare. One Jail Hawaldar and two constables were at the hotel at the time, and Sama related the incident to them and placed the box before them. Thereupon, the Jail Hawaldar brought Head Constable Ghafoor Khan, and these persons took Motia to the police station at Jaswantpura along with the box. The box was then opened by Sub-Inspector Umar Khan in the presence of two Motbirs, and was found to contain cash and ornaments of gold and silver. Motia accused was then taken in custody on suspicion, and later enquiries showed that the ornaments belonged to Harka of Bakra. Consequently, they were forwarded to the Superintendent of Police at Jalore. Further, investigation then proceeded and Gepla and Achalia were also arrested as being connected in the crime that had taken place at the house of Harka in Bakra. All three of them were prosecuted Under Sections 302 and 380, IPC

(3.) THE Sessions Judge, after a consideration of the evidence, came to the conclusion that no case Under Section 302, IPC had been proved against any of the accused, and acquitted them under that section. He also held that no case Under Section 380, IPC had been proved against Achalia and Gepla, and they were acquitted under that section also. As for Motia, he came to the conclusion that he was guilty Under Section 411, IPC and convicted him under that section and sentenced him to two years' rigorous imprisonment. This appeal is against the acquittals Under Sections 302 and 380, IPC