HAZARI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant Hazari has been convicted by the learned Additional Sessions Judge, Alwar, uader section 395 I. P. C. and sentenced to rigorous imprisonment for three years and a fine of Rs. 500.00 or in default further rigorous imprisonment for six months.

(2.) The case of the prosecution which resulted in the conviction and sentence of the appellant as aforementioned was originally registered with the police station Partapgarh under section 379 I. P. C. PW 1 Gopi, lodged the F. I. R. Ex. P. 1 reported that on Jan. 19, 1974 in the Pahar area of village Silibaori some persons belonging to the said village were grazing cows and other animals. At about 12 noon they noticed that four persons were trying to steel their cows and take them away. The cow-herds shouted for help. Hearing their cries a number of persons from village Silibaori arrived there. They went up the Pahar and succeeded in catching hold of the culprits. These two were subsequently found lying dead at the Pahar. Two of the culprits escaped.

(3.) Shri Ram Verma Station House Officer Pratapgarh arrested the culprits including Hazari on Jan. 24, 1974. He admittedly kept them in police custody till Jan. 31, 1973. They were put up for test identification on Feb. 4, 1974. It is alleged that a number of witnesses identified the culprits including Hazari before the Magistrate on Feb. 5, 1974. It was only on the basis of the evidence consisting of identification of Hazari by few witnesses that the learned trial Judge found him guilty of the charge under section 395 I. P. C. and sentenced him as stated above.