GENIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal against the judgment of the learned Sessions Judge, Jalore dated 18 -7 -78 by which he convicted the accused appellants as under: <FRM>JUDGEMENT_562_TLRAJ0_1987.htm</FRM>

(2.) THE prosecution case may be briefly summarised thus. At about 10 a.m. on 7 -10 -1975, the accused -appellants along with 30 other persons formed an unlawful assembly with the common object of committing dacoity in field, bearing Khasra No. 591 situated in village Hema Gudha (Sanchore). In pursuance thereof, they came armed with gun, kulharis, lathis and dharias in three tractors. They tied the hands of Harchand PW 12 and Meera PW 11, broke open the iron box and took away 'Bajri Sattis' and also ornaments, cash and clothes lying in the box. Written report Ex. P 4 was lodged by Poora PW 10 at the police station, Sanchore on 10 -10 -1975. Thereon, FIR Ex. P 12 was registered under Sections 147, 342 and 382, IPC. After usual investigation, challan under Sections 147, 342, 382 and 454, IPC was filed against the accused -appellants and also against Molia, Raga, Genda, Peera and Oka who have been challaned, before the Munsif cum -Judicial Magistrate, Sanchore. He committed them to the Court of Sessions Judge, Jalore. Charges under Sections 147, 148, 342, 454 and 395, IPC were framed against all of them. The prosecution examined 19 witnesses and tendered and proved 11 documents. All the accused -persons denied the prosecution story except their arrest. The accused Veerma stated in his examination under Section 313, Cr. PC that the Sub -Divisional Officer, Bhinmal had decided the case regarding the disputed field in his favour, accordingly, mutation was effected in his favour, injunction order was issued against the complainant -party, he cultivated the said field in S.Y. 2032, Peelan, box and 'Bajri Sattis' were recovered from his house, they belonged to him and he has not committed any theft. The other accused persons have stated that they have falsely been implicated because of close relations with the accused Veerma. They examined six witnesses and tendered and proved 11 documents in their defence. After hearing the parties, the learned Sessions Judge convicted the accused appellants as said above and acquitted the remaining five accused persons, namely, Molia, Rama, Bonda, Peera and Oka.

(3.) THE learned Public Prosecutor duly supported the judgment of the learned Sessions Judge, Jalore,