SURESH CHANDRA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant criminal appeal has been filed by the appellants under Sec. 374 Cr.P.C. against the judgment dtd. 21/9/1987 passed by learned Additional Sessions Judge, Rajsamand in Sessions Case No.37/1985 by which the learned Judge convicted the appellants for offence under Sec. 411 IPC and sentenced them to undergo two years' R.I. alongwith a fine of Rs.500.00 and in default of payment of fine, to undergo two months' S.I. Brief facts of the case are that on 25/7/1984 a murder accompanied with dacoity took place in the village Chagada Ka Kheda, which is situated at some distance from Chittorgarh in which one Smt. Shanta was killed and her ornaments were stolen. During investigation, Police received an information about the incident from one Chouthmal. In pursuance of the said information, Police recovered the ornaments of deceased Smt.

(2.) Shanta from the shop of the appellants on 28/4/1985. On the basis of aforesaid recovery, police made accused to the present appellants in the case for the offence under Sec. 411 IPC. and started investigation. After investigation, the police filed challan against the present appellants. Thereafter, the charge for offence under Sec. 411 IPC was framed by the trial court against the appellants, who denied the charge and claimed trial.

(3.) During the course of trial, the prosecution examined twenty seven witnesses and various documents were also exhibited. Thereafter, statements of appellants under Sec. 313 Cr.P.C were recorded. Upon conclusion of the trial, the learned trial court vide impugned judgment dtd. 21/9/1987 convicted and sentenced the appellants for offence under Sec. 411 IPC as mentioned earlier.