SUA LAL Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) The aforesaid Criminal Appeal have been filed under Sec. 374 Cr. PC. against the judgment dated 23.01.1985 passed by the learned Sessions Judge, Sawai Madhopur, in Sessions Case No. 66/1982, State v/s. Sua Lal, whereby the appellant is convicted for the offence under Sec. 307 IPC and sentenced to undergo three years rigorous imprisonment and a fine of Rs. 500/ -, in default of payment of fine, to further undergo six months rigorous imprisonment. He has also been convicted for offence under Sec. 447 IPC and sentenced for one month simple imprisonment and for offence under Sec. 323 IPC and sentence for 15 days simple imprisonment. All the sentences were ordered to run concurrently.

(2.) The brief facts giving rise to this appeal are that a report came to be lodged by one Smt. Dhapu at Police Station, Sawai Madhopur on 01.02.1982 at about 3.00 P.M. when she was cutting grass in her agricultural field. The accused appellant came to her and talked about the growth of wheat standing in the field and then pushed her, as a result of which she fell down. Thereafter, it is said that the accused appellant had sat on the informant and snatched away her gold ear rings, Murki and a Tabiz. It has been further stated by the informant that he had narrated the story to her son Chhitar, PW7.

(3.) On the aforesaid report, a case was registered against the accused appellant for offences under Ss. 307, 447, 394, 397 and 323 IPC. During the course of investigation, the appellant was arrested. On the conclusion of investigation, the police filed challan in the Court of learned Magistrate, who, thereafter, committed the case to the Court of Sessions on 07.06.1982. The learned Sessions Judge, framed the charge against the accused appellant which the accused denied and claimed to be tried. In support of its case, the prosecution had examined as many as eleven witnesses. After the statement of accused appellant under Sec. 313 Cr.P.C. one defence witness namely; Nathu Lal DW1 was examined. On conclusion of the trial, the learned Court held that the prosecution has failed to prove the case against the appellant for the offences under Ss. 394 and 397 IPC. However, the trial Court convicted the appellant for offences under Ss. 307, 323 and 447 IPC respectively. Being aggrieved of the impugned judgment passed by the Court of Sessions, the appellant has filed this appeal.