GURMUKH SINGH Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) These two jail appeals are directed against the judgment dated April 30, 1977 of the learned Additional Sessions Judge, Bundi whereby he convicted the accused appellants under -section 304 IPC & sentenced them to three and a half years' rigorous imprisonment each and a fine of Rs. 200/ - each, in default of payment of which to further suffer one month's rigorous imprisonment. Tersely speaking shorn of unnecessary details the prosecution case as disclosed at the trial is that on September 1, 1975 at 6 pm complaint Balmukand was going in the company of Kalyan on a bicycle. When they reached near the huts of Bhonpas, two young boys intercepted them. One of them inflicted a lathi blow on the hand of Kalyan as a result of which the cycle fell down on the ground There after the same accused inflicted blows on Balmukand as a result of which later sustained four injuries. At the stage when Balmukand was grappling with one accused, the other one rushed to wards him and on the point of a knife relieved Balmukand of his watch, a pair of specs, bush -shirt and an amount of Rs. 350/ -. First information report of this occurrence was lodged at the police Station Kotwali, Bundi and the police after investigation submitted a challan against three accused namely Gurmukhsingh, Swaransingh and Indra Singh. The accused appellant were charged of the offences punishable under Sec. 394/397 IPC and the third accused Indrasingh was charged under Sec. 411 IPC.

(2.) The learned Additional Sessions Judge placing reliance on the evidence of identification of the accused in the court by PW 4 Balmukand and PW 10 Kalyan seeking corroboration from the test identification parade held on September 19, 1975 under the supervision of the learned Munsif and Judicial Magistrate, Bundi convicted the accused -appellants under Sec. 394 I.P.C. He, however, acquitted both the appellants of the offence punishable under Sec. 397 I.P.C. and the third accused charged under Sec. 411 IPC was also acquitted of the charge levelled against him by the learned Additional Sessions Judge. The two accused appellants were convicted under Sec. 394 IPC and sentenced as mentioned above.

(3.) Being aggrieved with the conviction and sentence awarded by the trial court the two accused appellants have come up in appeals to this court.