BABUSHAYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition has been filed under Section 397 read with Section 401, Criminal Procedure Code, 1973 (here in after referred to as 'the Code'), against the order of the learned Sessions Judge, Merta, dated Sept. 5, 1988 by which he dismissed the appeal and confirmed the conviction of the accused -petitioner under Section 392 read with Section 511, IPC and sentenced him to rigorous imprisonment for one year and a fine of Rs. 500/ -. The facts of the case giving rise to this revision may be summarised thus.

(2.) ON October 24, 1980, Mst. Kamla (P.W 6) was working in the field Situated in village Thawla (Nagaur) at about 11 a.m. the accused petitioner came there to snatch her earing and kara , he ould not do so as she raised hue and cry. Report Ex.p/1 was lodged by her uncle Champa Lal (p w 1) in the police Station, Thawla, the same day. Thereupon, a case was registered under Section 392 read with Section 511, IPC. After usual investigation, a challan was filed against the accused -petitioner. The prosecution examined eight witnesses and tendered and proved five documents. In his statement recorded under Section 313, Cr.P.C. the accused -petitioner disclosed that he went in the said field to demand the price of the stone pieces supplied by him, he was beaten there and, therefore, a false case had got been made out against him. He examined Dr. B.K. Gupta (DW 1) and Dr. Vijay Sing (DW 2) in his defence. After bearing the parties, the Special Judicial Magistrate, Nagaur convicted and sentenced the accused as paid above. The accused -petitioner preferred an appeal and it was dismissed by the learned Sessions Judge, as said above.

(3.) THE learned Public Prosecution duly supported the judgments under revision.