DHANNA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision is directed against the judgment of the learned Addl, Sessions Judge, Sikar dated 15th April, 1976.

(2.) The brief facts giving rise to this revision petition are that on 28th March, 1972, Arjun Lal gave a written report that on 27th March, 1972, in village Todi 14 sheep-heads were found missing from the Kheda where they were grazing. Gyarsi Lal and Arjun made search of the lost cattle and they found the same on the following day in the Jhumpa of Bhima Ram Jat. They also found accused Dhanna sitting by the side of the Jhumpa. The police registered a case against the accused under Sec. 379. Penal Code and arrested him. The prosecution examined 13 witnesses and produced 8 documents.

(3.) The statement of the accused was recorded under Sec. 342 Cr. P. C. 1898. The accused stated that he was caught by the people at a distance of half a mile from the village of Bhima Ram and also contended that he was beaten by the village people. He also denied to have confined the sheep in the jhumpa. According to Parsa and Surja the sheep were locked in the jhumpa which was there on the field of Bhima Ram. It was also contended that they went to jungle Shyampura after tracking the steps of the alleged thief. The learned Magistrate convicted the accused on 29th Dec., 1975 under Sec. 379, IPC, and sentenced him to one year's rigorous imprisonment only.