MADAN SINGH & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) All these appeals are directed against the judgment dated 20.9.85 passed by the Additional Sessions Judge, Gangapur City, hence they are disposed of by this common judgment.

(2.) All the appellants were found guilty of the offence u/S. 395 Penal Code and each of them has been sentenced to 5 years' R.I. and a fine of Rs. 500.00, in default of payment of fine, to further undergo three months' rigorous imprisonment.

(3.) Tulsi Ram submitted a written report at the Police Station, Vazirpur on 6.6.84 stating that he was sleeping in his house in the chowk during the night of 5th/6th June, '84 when about 11.30 p. m. in the night he was awakened on shouting by his brother. He saw that two miscreants had caught hold of his brother. When he proceeded towards him he was also caught hold by those miscreants. However, the informant managed to escape. According to him, the miscreants were 6-7 in numbers, and who had gun in their hands. They fired with small gun by which, Ram Kishan and Gangadhar received injuries. Those miscreants entered into the house of Kanji, Kajodia and Bhauria and took away cash and ornaments. It was mentioned in the report that those miscreants were wearing pants and bushshirts. On this report the police registered a case u/S. 395 and 397 IPC. During investigation the S.H.O inspected the site and prepared the site-plan Ex. P 2. He recovered 8 empty cartridges from the spot vide memo Ex. P 3 and one plastic chappal vide Ex. P 4. He also seized one plastic cover having identity card, one photo and some papers and one rupee note vide memo Ex.P 5. The accused-persons after arrest were sent for the Identification Parade and they were identified by the witnesses. The injured persons were medically examined by the doctor. After completing the usual investigation the Police submitted challan against the accused-appellants. The trial Court framed charges against the accused appellants u/S. 395 and 397 IPC. They pleaded not guilty and claimed trial.