KARTAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal against the judgment passed by the learned Additional Sessions Judge. Gangapur City dated June 30, 1977. The appellants were convicted and sentenced by him as fallows:

(2.) THE case against the accused -appellants is that they, along with Hari Singh and 4 others, committed house trespass by night in the house of Pooran Lal Gera, A.S.M. Gangapur City, on the night intervening December 14 and 15, 1974. They inflicted injuries on him, on his wife and his sister -in -law, and carried away their wrist watches and an amount of Rs. 50/. They removed a box also, but left it along with its contents outside the house.

(3.) THE learned Counsel for the appellants has assailed the judgment chiefly on the ground that the two eye witnesses Gurubachan Singh and Mishra were got up witnesses and their evidence suffers from several material omissions. The accused were not known before hand to the witnesses and that the occurrence hiving taken place in dark night, it was not possible for them to have axed the identity of the culprit. The second ground of attack was that no recovery has been effected either of the wrist watches or of the money and it cannot even be said that any theft had taken place The prosecution has also led evidence that these accused were also alleged to have committed dacoity in Mahu kalan and Jaipur on the same night. It was not possible for these accused persons to have committed dacoit in Gangapur and Jaipur in the same night. According to the police challan the basis of the case is the statement of sitia and Hari Singh but sitia was not examined and Hari Singh was discharge. It was urged that the whole case was false