ARJUN DEO Vs. STATE

JUDGEMENT

(1.) THE petitioner Arjun Deo has preferred this revision through jail. The petitioner along with oneco accused Ramesh Kumar was convicted for the offence under Section 392 IPC and sentenced to undergo 2 years rigorous imprisonment and a fine of Rs. 2,000/ -, in default of the payment of fine to undergo rigorous imprisonment for further period of six months, by the Judicial Magistrate (Railway), Jodhpur vide his judgment dated 23.3.1977. His co -accused Ramesh Kumar was also accordingly convicted and sentenced. The petitioner Arjun Deo preferred an appeal before the Sessions Judge, Jodhpur, which, on transfer, was heard by the Additional Sessions Judge No. 1, Jodhpur. The appeal preferred by the petitioner was dismissed by the learned Additional Sessions Judge vide his judgment dated 25.10.1977. Aggrieved by his conviction and sentence as aforesaid, the petitioner has preferred this revision.

(2.) I have perused the record of the cast and also heard the learned public prosecutor.

(3.) FROM the perusal of the record and the evidence of the prosecution witnesses it can be said that there is sufficient evidence against the petitioner to connect him with the crime, i.e. the incident that took place in the train on 31.175. The articles which were robbed from the person of Mst. Kamla were recovered at the instance of the petitioner. There is no reason to disbelieve the testimony of the prosecution witnesses particularly Smt. Kamla, Kishanlal and Arjun Kumar. The petitioner and his companion committed this robbery at the pistol and knife point in the running train. The prosecution has fully estabished the guilt of the petitioner beyond reasonable doubt.