GATIYA @ KALIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused-Petitioners have preferred this revision petition under Section 397/401 Cr.P.C. to assail impugned judgment dated 25.10.1996, passed by Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Udaipur (for short, 'learned appellate Court'), whereby learned appellate Court, while rejecting the appeal preferred by petitioners, affirmed judgment dated 31.03.1994, passed by Addl. Chief Judicial Magistrate No.3 Udaipur (for short, 'learned trial Court). The learned trial Court, vide judgment dated 31.03.1994, convicted the accused-petitioners for offence under Sections 457 & 380 IPC and sentenced them as under:-

(2.) As some of the accused-petitioners; viz., Gatiya, Deva, Valia and Dhania (petitioner Nos. 1, 3, 5 & 6), have expired during the pendency of revision petition, the revision against them abates and now the present revision petition concerns only with petitioners No.2 & 4 Punia and Kaliya respectively.

(3.) In brief, facts of the case are that on 31.05.1978, a written report (Ex.P/1) was submitted by one Kanti Lal at Police Station Dhariyawar, District Udaipur, against accused-petitioners and others, alleging, inter alia, that in the night of 31.05.1978, when he and other members of family were sleeping outside house, accused petitioners committed burglary and taken away stolen gold & silver jewellery and cash. After investigation, police filed charge-sheet for offence under Sections 457, 380 and 411 IPC against petitioners and others and the learned trial Court framed charge. On denial, accused were put on trial.