BACCHAN SINGH Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) -This is an appeal filed by Bacchan Singh against the judgment of the Sessions Judge, Sri Ganganagar, convicting him under sections 458 and 392 read with section 397, I.P.C. and sentencing him to undergo rigorous imprisonment for three years and to pay a fine of Rs. 200.00, in default of payment of fine to further undergo rigorous imprisonment for two months on the first count and on the second to undergo rigorous imprisonment for seven years. Both the substantive sentences of imprisonment were, however, ordered to run concurrently.

(2.) The incident that led to the prosecution of the appellant and two other co-accused, namely, Magha Singh and Om Prakash, who have been acquitted by the trial Judge, may be briefly stated as follows:-

(3.) On Oct. 11,1974, Gauri Shanker lodged a verbal report of an incident of robbery with the police station Sadar Ganganagar. It was alleged by the informant that he was sleeping as usual on a cot in his room after taking his food at 8 00 p.m. His wife also was sleeping in front of the door of the room on a cot. The door of the room was opened and there was light of a lantern in the room. At about 1.30 a.m. Gauri Shanker woke up on account of a rattling sound. He saw that two persons were taking out articles from his box inside the room and one person was standing by the side of the cot of his wife having pressed the mouth of his wife with his hand. Gauri Shanker claimed to have asked the two persons as who they were. Thereupon, one of them, having a Gandasi with him, moved a few steps towards Gauri Shanker and asked the latter to continue to lie quietly and, in case, otherwise he would be killed Out of fear Gauri Shanker kept quiet but his wife began to raise a hue and cry probably under an impression that her husband had been killed by the thieves. Gauri Shankers mother and grand-mother also were sleeping outside the house. They also raised an outcry. Thereupon, one of the two persons who was taking out goods from the box, stole away one roamer wrist watch which was lying in the attached of Gauri Shanker and put the watch in his pocket and went away from there with one radio transistor of 3 bands. The other person having a Gandasi with him also followed his associate. On seeing them running, Gauri Shanker ran after them and caught hold of one of them by his leg while the latter was making an attempt to jump over the wall of the courtyard. The thief, the reupou, called his companions. The fourth thief, who was keeping watch outside the house, climbed over the wall, fired a shot from his pistol, jumped in the courtyard, lighted the torch and began to load his pistol. The fourth thief cried aloud and asked Gauri Shanker at the point of pistol to release his companions from his grip. Out of fear Gauri Shanker left the thief whose foot he had caught hold of. Thereafter both the thieves jumped over the wall and ran away. On hearing the cries of his wife, mother and grand-mother, a good number of inhabitants of the village came there and immediately ran after the thieves in different directions. The thieves threw away the radio transistor in the way. Gauri Shanker checked his goods and found one roamer wrist watch, one radio transistor and some currency-notes missing from his room. The thieves while running away from the place of occurrence left their goods, namely, one Chhaddar, one Gandasi, one battery and one Sabbal and two pairs of shoes.