BHANWAR DAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellant Bhanwardan has been convicted of the offence under Section 411, IPC and has been sentenced to 2 -1/2 years rigorous imprisonment and to a fine of Rs. 1003/ -in default of payment of fine to further undergo one year's rigorous imprisonment.

(2.) AN armed robbery took place in the day light on 9 -1 -79 at the house of Gaina (PW 4) The report of the occurrence was lodged on the very day at 8 p.m. on 9 -1 -79 at the police station Ahore The whole house was ransacked. After necessary investigation, charge -sheet was presented against the five accused persons. Ultimately, all of them were tried by the learned Sessions Judge, Jalore who entered conviction of the appellant for the said offence.

(3.) IN the result, the appeal is allowed, the conviction and sentence of the appellant are set aside and he is acquitted of the offence under Section 411, IPC. He is already on bail, so, he need not surrender to his bail -bonds, which are hereby discharged.