NANIA ALIAS BHANWARIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgement passed by the learned Sessions Judge, Bhilwara dated Feb. 10, 1978 by which the learned Sessions Judge convicted the accused-appellant under sections 395 and 342, Indian Penal Code and sentenced him to five yearsrigorous imprisonment and a fine of Rs. 1,000.00 for the offence under section 395, Indian Penal Code and for six months rigorous imprisonment for the offence under section 342, Indian Penal Code with a further order that both the substantive sentences will run concurrently. For the fine it was ordered that in default of payment he will undergo six months rigorous imprisonment.

(2.) The allegations against the accused were that he on April 4, 1976 alongwith few companions of his went to the jungle where Chhitar, servant of the complainant Devi, and another boy Kana alias Khana were grazing the goats. The accused with the co-accused Rama (since acquitted) and four others, said to be absconding, tied the mouth of Chhitar and Kana and took them to some distance and tied them with a tree. Thereafter they took 150 goats belonging to Devi, which Chhitar and Kana were grazing in the jungle. Rama and Nania accused-appellant having been arrested 96 goats are said to have been recovered from different-persons at their instance. One pair of shoes art. 3 is also said to have been recovered from the tent belonging to the accused-appellant, two axes arts. 1 and 2 are said to have been recovered from the possession of the two accused, who are said to be absconding. The matter was reported by Chhitar to Devi owner of the goats on the same evening of April 4, 1976 and he wrote down the first information report on that day and sent the same on the next day to the police station, Bijoliya, where a case under sections 395 and 342, Indian Penal Code, was registered. After completion of the investigation against the two accused Nania alias Bhanwariya and Rama a charge sheet against them was filed in the Court of Magistrate, who committed them to the Court of Sessions Judge, Bhilwara for trial. The learned Sessions Judge charge sheeted the accused for the aforesaid offences and recorded their plea. Both the accused denied the allegations and claimed to be tried.

(3.) The prosecution examined thirteen witnesses. The accused in their statements totally denied the allegations of the prosecution. No defence witness was examined. The learned Sessions Judge acquitted accused Rama but placing reliance on the testimony of the eye-witnesses Chhitar and Kana convicted the accused-appellant, as mentioned above.