RAJU ALIASPAPPU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS criminal appeal has arisen out of the judgment dated 19. 7. 1980 passed by the Addl. Sessions Judge, Dausa (Jaipur) whereby the appellant was convicted & sentenced as under : - U/s. 307, & 392 I. P. C. on each count - to undergo 4 year's R. I. with a fine of Rs. 100/ - in default, further one month's R. I.

(2.) BOTH the sentences were ordered to run concurrently. However the appellant was acquitted of the charge under Section 397, IPC, giving benefit of doubt by the trial Court.

(3.) AS regards the other charge against the accused-appellant, of Section 392, IPC, the learned counsel for the accused-appellant submitted that no reco- very has been made at the instance of the accused-appellant, whereas the case of the prosecution is that a golden chain was snathe/broken by the accused-appellant from her neck and, as admitted by Smt. Laxmi in her statement, at that time she did not sustain any injury on her neck. Learned counsel added that the aforesaid circumstance is sufficient to discredit the testimony of Smt. Laxmi Devi who was stated that one chain has snatched by the accused-appellant.