SITTA GANPAT AND ALLI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two appeals arise out of the judgment of the learned Addl. Sessions Judge No. 2, Jaipur dated Feb. 2,1976,whereby each of the six accused-appellants were convicted under Sec. 395, Penal Code and sentenced to four years rigorus imprisonment and a fine of Rs. 200.00 each, and in default of payment of fine to three months rigorous imprisonment.

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

(3.) The facts of the case, in brief are that one Jagdish Narain lodged an FIR on 2.1.1974, alleging therein that on 15.12.1274, his son Srawan had gone to fetch his sister Gita from her in-laws place. His Hali (servant) Nanchha had also gone with a bullock-cart to Nala Padampur. From there Srawan, Gita and Nanchha started for village Tambhapiya, where the informant resides. Before starting from Nala Padampur these three persons had seen five or six persons who were putting on pants and bushirt. These persons followed the bullock-cart and after sometime they went ahead of it. Near Sambhariya river, which is at a distance of a mile and a half from village Sambhariya, these persons stopped the bullock-cart and got the ornaments of Gita by show of force. The ornaments were consisting of gold.rings weighing about a tola. On one of the rings the name of Gita was engraved while on the other the name of Vimla was engraved. They also took the pair of ear-rings of gold which weighed about 1/2 a tola. The silver 'paijeb' was also taken. The informant had also mentioned in the FIR that he did not lodge a report previously as he thought that his married daughter shall have to appear in courts, but about 4-5 days before the lodging of this report one persons by name Suwaial resident of village Akodiya met him, and told him that a similar incident had also taken place with him, on 15. 12. 1974 for which he has already lodged a report. He has lodged this report on the information of Srawan who reached village Sambhariya at about 9.30 or 10.00 p.m. After investigation, the police charge-sheeted the accused for an offence under Sec. 395, Penal Code and led evidence. In support of the prosecution evidence PW/1 Sitaram, PW/2 Gita, PW/3 Srawan Kumar, PW/4 Nanchha, PW/5 Surajmal, PW/6 Jagdish Narain, PW/7 Shashi Kant and PW/8 Aswani Kumar. The accused persons pleaded not guilty and claimed to be tried, but did not lead any evidence in defence.