NARAIN & ANR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal under Section 374(2) Cr.P.C. is filed against the judgment and order dated 19.01.1988 passed by Addl. Sessions Judge, Chittorgarh in Sessions Case No.182/85 - State v. Narain and Anr., whereby the accused-appellants have been convicted under Section 494 Indian Penal Code and sentenced to 5 years' rigorous imprisonment and a fine of Rs. 250/-, in default thereof to further suffer one year's rigorous imprisonment.

(2.) Briefly stated, the facts giving rise to the present case are that on 25.01.1985 at 3 P.M. in the noon, a written report (Exhibit P/1) was submitted by one Jeeturam in the Police Station Akola with the averments that in the night at about 3 AM while his father was asleep in the courtyard of his house and the accused after taking away his Murkiyas (ear-tops) were fleeing away, his father Dalla awoke. The accused with wooden logs caused him 5-6 injuries including one on right hand which perhaps caused fracture and on his shouting they fled away. Hearing shout, when Nagjiram, Narayan and other persons came there and saw them fleeing away. Nagjiram recognised the accused persons as Gendiya and Narayan Kanjar but could not recognise two other persons. The accused persons were chased but could not be apprehended. At the nearby place of their fleeing, on a well there being light he could clearly recognise the accused persons.

(3.) On this report, a case under Section 392 Indian Penal Code was registered and first information report Exhibit P/2 was chalked out. At 4.30 PM on 25.01.1985, the police inspected the site and prepared memo Exhibit P/3. Dalla was medically examined on the same day at 6 PM in the evening 9 injuries were found on his person, out of which two were lacerated wounds on the ear lobes and 7 contusions were on neck, ankle, shoulders, near right eyebrow on head and out of them two were of swelling in the size of 3 x 2" on the forearm 6 inch below ankles. Rest of the injuries were simple blunt and there was fracture of radius and ulna bones as such the injury on hand was grievous in nature. The Injury report is Exhibit P/8 and the x-ray report and x-ray plat are respectively Exhibits.9 and P/ 11. Accused was arrested through arrest memo Exhibit P/7. In police custody, the accused gave information that the earrings were berthed in the ground at the door of his house which he can get recovered. The information report is Exhibit P/6. On the basis of this information, earrings were recovered in the presence of two motbirs Vasudev and Ambalal vide Memo Exhibit P/5 and were seized and sealed by the SHO. The earrings were identified by witnesses Dalla and Jeetu in the identification proceedings conducted by Tehsildar, Kapasan on 11.04.1985.