LAXMI NARAIN Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) These four appeals one filed by Laxmi Narain appellant from jail registered as S. B. Criminal Jail Appeal No. 23 of 1975, the other represented appeal filed by Nathu registered as S. B. Criminal Appeal No. 80 of 1975, the third represented appeal filed by Kishan Gopal registered as S. B. Criminal Appeal No. 258 of 1975 and the fourth filed by Kisbangopal from jail registered as No. 471 of 1975 are directed against the same judgment and arise out of the same occurrence. As such they are being disposed of by a common judgment. The learned Additional Sessions Judge, Bundi by his judgment dated Dec. 7, 1974 convicted accused-appellants Laxmi Narain, Kishangopal and Nathu under Sec. 395/397 I.P.C. and sentenced them to seven years' rigorous imprisonment and a fine of Rs. 1,000.00 each, in default of the payment of which to further suffer rigorous imprisonment for a period of six months.

(2.) The prosecution story as disclosed at the trial is that seven or eight miscreants including the accused appellants committed dacoity in village Bhawanipura at 10,30 p.m. on March 27, 1973. During the course of dacoity they broke open the locks, removed the valuables and ornaments and decamped with the property. A written report Ex. P/7 of the occurrence was lodged at the Police Station, Keshori Patan by PW 6 Mohanlal. During the course of investigation ornaments were recovered from the possession of accused Kishangopal. Accused appellant Laxmi Narain was identified by Prabhudass PW 12, Badrilal PW8 and Devi Lal PW 11 in the identification parade held under the supervision of PW.l Pravesh Kumar as one of the miscreants. The identification memo is Ex. P/1. Accused Kishangopal and Nathu were identified by PW. 11 Devilal and PW 12 Prabhudas in the identification parade held under the supervision of PW14 Bhimsen Lekhra. The identification memo is Ex. P/10. The police after investigation submitted a challan against five persons including the appellants in the Court of Chief Judicial Magistrate, Bundi, who committed them to the Court of Sessions for taking their trial under Sec. 395/397 I.P.C.

(3.) All the three appellants pleaded not guilty to the charge and the prosecution examined 22 witnesses, out of whom PW 8 Badri Lal, PW. 11 Devilal and PW 13 Prabbudass have been examined as eye witnesses of the occurrence. All the three witnesses identified the accused appellants in the Court as well as in the identification parade. PW. 21 Nand Singh is the investigating officer in this case.