JAGATPAL Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused-petitioner Jagatpal was convicted by the learned Munsif and Judicial Magistrate, Raisinghnagar under section 394, I. P. C. and was sentenced to one years R. I. with a fine of Rs. 1, 000.00, in default of payment of fine to further under go 3 months like imprisonment. He went up in appeal before the learned Additional Sessions Judge, Raisinghnagar, who vide his judgment dated Feb. 9, 1983 maintained his conviction and sentence and dismissed the appeal. Hence, this revision petition.

(2.) Briefly stated the facts are that P. W. 7 Bhanwar was working in the field of Nanuman Bishnoi situated in 11 T.K. On 2.5.1979, at about 2 p.m. the accused went to him and demanded a sum of Rs. 20.00. He addressed abuses to Banwari (P.W. 7) and felled him down. P. W. 7 Banwari had a purse in his pocket. The accused forcibly took away that purse and went away. It was also alleged that the accused had given beating to P. W. 7 Banwari. A report of the occurrence was lodged at about 5.30 p.m. on the same day at police station, Raisinghnagar. The police registered a case and proceeded with investigation. The accused was arrested on 2. 5 79 and in consequence of the information furnished by him whilst under custody, the stolen bag containing the currency note of Rs. 300.00 was recovered from the Almira lying in his house. After completion of the investigation, the police submitted a challan against the accused in the court of the learned Munsif and Judicial Magistrate, Raisinghnagar. The learned Magistrate framed a charge under sec. 394, Penal Code against the accused. He denied the charge and faced the trial. On conclusion of trial, the learned Magistrate held the charge established against the accused. He was consequently convicted and sentenced and his appeal was dismissed as mentioned above.

(3.) I have heard the learned Amicus Curiae for the accused and the Public Prosecutor.