VARIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated the 12th July, 1985 of the Sessions Judge, Jalore, convicting and sentencing the appellant for the offence under Section 395 IPC to 6 years rigorous imprisonment and a fine of Rs. 200/ -, in default of payment of fine to one month's simple imprisonment, under Section 458 IPC to four years rigorous imprisonment and a fine of Rs. 200/ - in default of payment of fine to one month's simple imprisonment and under Section 324 IPC to one year's rigorous imprisonment. All the substantive sentences have been directed to run concurrently.

(2.) THE case relates to the incident which took place on the intervening right of November 27 and 28, 1983 at the Sanchore Automobile Petrol Pump belonging to Shri Mishrimal of Sanchore and also at the octroi outpost of Sanchore. It is alleged that on the night of incident, at about 1.30 a.m., seven persons came to the Petrol Pump with axe, knife and lathies. Four of them entered the cabin by breaking open the glasses of the cabin and the three others remained outside. Pratap Singh, who was sleeping in the cabin, woke up by the noise but was assaulted, the dacoits then took away cash amounting to Rs. 3,356.00p., golden murkies which Pratap Singh was wearing, a RICO watch and a two band Philips Transistor (Radio). After committing the dacoity at the petrol pump they proceeded towards the octroi outpost and took away a sum of Rs. 2939/ - from there. Shrimanlal Nakedar was at the outpost at that time.

(3.) THE accused in their statements, recorded under Section 313 Cr.PC denied the prosecution allegations. They alleged that they were shown to the witnesses while in police custody. They denied the recovery and stated that they were innocent.