UDAIBHAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two appeals are directed against the judgement of the learned Additional Sessions Judge No. 2, Alwar, dated Aug. 22, 1975, whereby both these accused-appellant were convicted to five years rigorous imprisonment and a fine of Rs. 500.00 each, in default to undergo three months rigorous imprisonment.

(2.) As both these appeals arise out of the same judgement, they are being disposed of by this single judgement.

(3.) The facts of the case, in brief, are that dacoity is alleged to have been committed in village Nawaipura, Police Station Malakhera in the shops and houses of Gir Raj Prashad and Babulal in the night intervening 30th and 31st Jan., 1974 at about 11.30 p.m. It is alleged that 8 or 9 persons went to the house of Gir Raj Prashad. PW/1 Smt. Shanti, who had gone to sleep, woke up on the report of gun-fire. When she came out of the room in which she was sleeping she saw 8 or 9 persons standing outside the house. She went upstairs of the room in which, she was sleeping and boltod the room from inside. Her sister-in-law Kistoori PW/10 made and alarm with a view to attract the village people. It is said that after all these 8 or 9 persons went to the room in which Smt. Shanti was, broke open the doors and entered the room. One of these person jumped at the throat of Smt. Shanti, while the other caught hold of her and compelled her to reveal where the ornaments were. On this, Smt. Shanti told them that the ornaments were lying in the suit-case. On receiving this information, these two persons opened the suit-case and took away all the ornaments that were lying there.