UDAI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an appeal by the accused-appellant, Udai Singh from jail who has been convicted under Sections 395 and 397, Penal Code and sentenced to seven years rigorous imprisonment and a fine of Rs. 500.00 and in default of payment of fine to a further rigorous imprisonment for four months.

(2.) As the accused-appellant was unrepresented Shri N. L. Pareek was appointed to represent him under the Legal Aid Programme.

(3.) The facts of the case, in brief, are that on the night intervening between 25th and 26th Nov., 1974 at about 11 a.m.m about 15 persons committed dacoity in the house of Kishan of village Cirsa, Police Station, Deeg. These persons were armed with deadly weapons. They took away ornaments of the ladies and other valuable articles from the house of Kishan. The ornaments of Mst. Rama, Mst. Gir Raji and Mst. Har Dei were looted. It was alleged that three dacoits were standing on the roof of the house and some 10-12 dacoits entered the house while armed with the country made revolvers and guns and they were flashing torch light. It was also contended that on the same night, the marriage of Mst. Birina had taken place. The prosecution case is that the accused-appellant could be identified in the flashes of light which were thrown by the dacoits from the five-shelled -battery. The electric bulb was also burning on a nearby well from which light was coming. The accused-appellant after his arrest furnished information under Sec. 27 of the Indian Evidence Act on the basis of which one pair of silver anklets and one golden ring were recovered. He was correctly identified by Mst. Birma and the ornaments recovered from him were correctly identified by Mst. Lilawati and Mst. Har Dei. In the incident, Vijai Singh, Laxman and Gordhan received gun-shot injuries. The prosecution examined as many as 15 witnesses. The accused denied the charge and claimed trial. No evidence was led on his behalf. The learned Sessions Judge held the charges proved against the accused-appellant, and convicted him under Sections 395 and 397, Penal Code and sentenced as indicated above.