LALA ALIAS NARANJI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) SINCE all the five appeals arise out of a common judgment, the appeals have been heard together and are being disposed of by this common judgment.

(2.) THE seven accused appellants have filed these five appeals against the judgment dated 17. 1. 2005 passed by Additional Sessions Judge (Fast Track) No. 1, Jaipur City, Jaipur in Sessions Case No. 13/2003 whereby each of the seven accused appellants has been convicted under Sections 458/120-B, 395/120-B and 342/120-B IPC and each of them has been sentenced as under:- u/s. 458/120-B IPC : Ten years rigorous imprisonment and a fine of Rs. 500/- and in default of payment of the fine further imprisonment for six months. u/s. 395/120-B IPC : Ten years rigorous imprisonment and a fine of Rs. 500/- and in default of payment of the fine further imprisonment for six months. u/s. 342/120-B IPC : One year rigorous imprisonment.

(3.) THE occurrence has taken place in the night of 26. 11. 2002 and the recoveries have been made on 4. 12. 2002. On the basis of the evidence available on the record it is legitimate to raise a presumption in this case that the accused appellants with whom the goods were found were the dacoits themselves. In my opinion learned trial Court has drawn this presumption rightly in this case. THE conviction of the accused appellants is, therefore, correct in all the circumstances of the case.