GORU AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellants were the accused on the file of learned Additional Sessions Judge Baran bearing Sessions Case No. 179/82 and 93/83. They were found guilty under Sections 395/397 of the Indian Penal Code, convicted thereunder and sentenced to undergo seven years rigorous imprisonment and a fine of Rs.100.00each. In default of payment of fine to further undergo rigorous imprisonment for a period of one month each.

(2.) Aggrieved by the impugned judgment dated Feb. 4, 1986, present action had been resorted to.

(3.) Brief resume of the facts is that informant Parma Ram instituted FIR with the Police Station Atru on April 8, 1982 against six seven unknown persons stating therein that at about 12.30 a.m. when he, Joga Ram, Prem Das, Mangi Das, Tulsi Das and other women were sleeping inside and outside of their hutment's at a distance of nearly half a mile from village two persons came from the side of the village and abusively said as to where were their goats and inflicted two lathi blows on the person of informant, thereafter they started snatching the ornaments of the woman folk. Companions also arrived there armed with lathies and started beating those persons who were sleeping outside their hutment's as also the women folk who were sleeping inside and looted the ornaments 'Kankati' Kandora and Kariya of women folk. Having given bearing to them and their womenfolk and having looted their ornaments the miscreants run away from there. The PS. Atru registered a case under section 395/397 Penal Code and investigation commenced. After completion of investigation charge sheet was laid and the case was committed to the court of the Additional Sessions Judge Baran.