SHANKARIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 25th May, 1981, of the Sessions Judge, Balotra, convicting and sentencing the accused for the offence under Section 326 IPC to one year's rigorous imprisonment and a fine of Rs. 100/ -, in default of paymant of fine to two months simple imprisonment and under Section 456 IPC, six months' rigorous imprisonment and a fine of Rs. 100/ -, in default of payment of fine to one month's simple imprisonment. Both the sentences have been ordered to run concurrently. The accused has already served out the sentence. He was arrested on December 24, 1980 and remained in custody during the trial and even after conviction.

(2.) THE case relates to the incident, which took place on the night intervening 22nd and 23rd December, 1980 at the house of Smt. Chunni.

(3.) AFTER investigation, the Police filed a charge -sheet against the accused in the Court of Judicial Magistrate, Barmer, who committed him for trial to the Court of Sessions Judge, Balotra for the offence under Sections 307, 459, 326 and 324 IPC. The Sessions Judge tried the accused for the offences under Sections 307, 458, and 326 IPC. The accused pleaded not guilty and claimed to be tried. The prosecution examined as many as 9 witnesses. The accused in his statement under Section 313 Cr. PC denied the prosecution allegations and stated that he has been falsely implicated.