VIJAY SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE accused-appellant has filed this appeal, under Section 374 (2) of the Code of Criminal procedure, challenging the judgment dated 9. 8. 1985 passed by the learned Additional sessions Judge, No. 2, Bharatpur, in Sessions case No. 7/1984, whereby he has been convicted him for the offence under Section 395 IPC and sentenced for five years rigorous imprisonment and a fine of Rs. 200/-, in default of which to further undergo three months rigorous imprisonment.

(2.) THE prosecution case is that on 30. 6. 1983, at 9. 15 p. m. Makhanlal, the guard of Train 5 Up lodged a report at Police Station (Railways), bharatpur. It was stated in the said report that some passengers of the train informed him that some miscreants had boarded the train at achnera and after robbing them they had got down at Railway Station, Chiksana. The said report (Ex. P1) was registered as a First information Report (Ex. P. 26 ).

(3.) AFTER registration of the said report, one Bishan Swaroop, Head Constable (PW. 26) went to the Compartment No. 31172 of the said train. He found same persons injured and blood was oozing out. One mithlesh Ram and Kushman had given some articles, like country made pistols and knives, to Bishan Swaroop, the Head Constable, which were said to be that of the miscreants. The said articles were seized and memos had been prepared. Subsequently, bishan Swaroop went out in search of the miscreants and during the course of it, he found a knife at Chiksana. The bloodstained cloths of the injured were also seized.