JODH SINGH Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by the accused Jodh Singh against the judgment of the Assistant Sessions Judge, Jaisalmer, dated the 7th of June, 1955, where he has been sentenced to seven years' rigorous imprisonment and a fine of Rs. 101/ -. In default of payment of fine, he has been further sentenced to six months' rigorous imprisonment.

(2.) THE prosecution story was that on the 2nd of June 1952 at about 7 or 8 p. m. five dacoits came to the house of one Kirta at his dhani near the village Khara. THE dacoits were armed with lathis and guns. It is said that they belaboured Kirta, his wife Mst. Momal and his nephew Bharmalia. Bharmalia tried to run away, whereupon one of the accused fired at him with the result that he was injured in his left arm. THE report of the occurrence was made at the police station Phaloodi on the next day. After investigation the police challaned only one accused namely, Jodh Singh under secs. 395 and 397 of the Indian Penal Code. THE Sub-Divisional Magistrate, Phalodi, committed him to the court of the Sessions Judge, Jodhpur. THE trial was, however, conducted in the court of the Assistant Sessions Judge, Jaisalmer.