BHAGIRATH Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) The prosecution story in a nut -shell is that on the night intervening July 9 and 10, 1971 the accused petitioners trespassed the house of Heera. They deprived Mst. Surji P.W. 8 of a 'Borla', which she was wearing on her head A first information report of this occurrence was lodged at the Police Station, Khandela on July 10, 1971. The Police after usual investigation submitted a Challan in the Court of Additional Munsif and Judicial Magistrate, Neem ka Thana and ultimately the three petitioners were tried by the learned Chief Judicial Magistrate, Sikar. The learned Magistrate placing reliance on the statements of PW 1 Heera, PW 2 Phoola, PW 3 Bhagwana, PW 4 Kajod and PW 8 Mst. Surji convicted the accused -petitioners under Sec. 392 I.P.C. and sentenced them to six month's rigorous imprisonment and a fine of Rs. 100/ - each In default of the payment of fine to further suffer rigorous imprisonment for a period of one month.

(2.) The aggrieved accused went up in appeal, which met with no success. Hence this revision.

(3.) Keeping in view the fact that the five witnesses examined on behalf of the prosecution have made a consistent statement connecting the accused with the crime and that two of the accused were caught on the spot, the learned counsel appearing on behalf of the petitioners has rightly conceded that there are no sufficient grounds to challenge the face of participation of the three accused in the crime for which they have been convicted. However. I have looked into the record. The prosecution by preponderance of evidence has proved beyond reasonable doubt the guilt of the accused -petitioners. The statements of the eye witnesses stand amply corroborated by the circumstantial evidence as well as the first information report.