STATE OF RAJASTHAN Vs. DERAWAR

JUDGEMENT

(1.) THIS is an appeal against the judgment of the learned Munsif and Judicial Magistrate, Phalodi dated June 30, 1977 whereby the learned lower court has acquitted accused Derawar of the offence under Sections 457 and 380/511 IPC.

(2.) THE facts necessary to be noticed for the disposal of this appeal briefly stated are that; on 28 -8 -1971; Tejaram lodged a report at Police Station, Sangad in District Jaisalmer to the effect that in the night intervening between 26th and 27th of August, 1971 at about 1 a.m., one thief entered his house. His wife was sleeping in the Chowk of the house along with her kids and her niece Mst. Shanti. She took of her golden Timaniya weighing about 4 tolas and hanged it on the leg of the cot. The accused tried to take away that Timaniya, whereupon, she woke up and enquired from the accused as to who he is? His wife than cried for help and called Girdhari for help. It is alleged that at that time, complainant Tejaram was serving in the Munsif Court Jaisalmer and he was informed by his wife to come home immediately as she was ill. As soon as he came to his home, he was informed that the man, who entered her house, was to the best of her knowledge Derawar Meghwal, who was working as peon in Ayurvedik Aushdhalaya. This man was not traceable in the village after the occurrence and, therefore, the complainant has submitted that this accused alone has committed this offence. On his report, a case under Sections 457 and 380 IPC was registered.

(3.) I have heard Mr. S.K. Mathur, learned Public Prosecutor for the State and Mr. H.C. Mathur, learned Amicus Curiie for the accused -respondent. I have carefully gone through the record of the case.