NAROO KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision is directed against the judgment of the learned Additional, Sessions Judge, Bhilwara dated 18-2-1980 whereby the learned Additional Sessions Judge has upheld the conviction and sentence of the accused- petitioners recorded by the learned Munsif & Judicial Magistrate, Bhilwara vide his Judgment dated 21-6-1977.

(2.) In this case, accused Samshu Khan has been held, guilty of the offence under Sec. 411 IPC and has been sentenced to three months rigorous imprisonment together with a fine of Rs. 100/-. The accused-petitioners Naroo Khan and Umar Khan have been held guilty of the offences under sections 457 and 380 IPC and they have been sentenced to three months rigorous imprisonment together with a fine of Rs. 100/-on each count and default of the payment of this amount of fine, they have been sentenced to one months rigorous imprisonment for default. The substantive sentences have been ordered to run concurrently.

(3.) It is alleged that accused Naroo Khan and Umar Khan entered into the house of Balu resident of Baneda at about 12 in the night and removed from the person of his daughter Mst. Sayari a Khungali and later, they gave it to the accused Saroshu Khan, from whose possession. It was recovered on the Information and at the Instance of accused Naroo Khan. The learned lower court, after trial, held the accused-petitioners guilty as above. On appeal the learned Additional Sessions Judge has affirmed their conviction and sentence recorded by the learned Munsif & Judicial Magistrate. Hence this revision.