RAMKARAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant Ram Karan has preferred this appeal against the judgment of Sessions Judge, Bhilwara, dated Jan. 31, 1975 convicting and sentencing him to rigorous imprisonment for two years and a fine of Rs. 10.00 in default of payment of which further R. I. for four months under section 147 IPC.

(2.) Briefly stated the facts are these. On the night intervening 13-9-1972 and 14-9-1972 in village Chhapari Devi Singh P.W. land his wife Suhagi P.W.8 were sleeping in their chowk. Suhagi felt a jerk that some body was plucking the gold 'bore' from her head. She was thus awakened. She raised an alarm and her husband Devi Singh got up and found one person plucking 'bore' from the head of his wife and another man running from the room. He chased them and caught one of them namely, Ramkaran. On the alarm P. W. 2 Bhagirath, P. W. 4 Chhiter, P. W. 5 Devi and P.W. 7 Balu also came there and saw that Devi Singh was holding Ramkaran. The further story with which we are not concerned is that Suja came on the boundary of the field of Balu. He apprehended Surja. Co-accused Gulaba came, and gave a few blows with an axe. Surja then escaped. It is also claimed that Devi Singh could recognise the other thief who was Surja.

(3.) The villagers including Devi Singh took Ramkaran to police station Banera and lodged verbal report of the incident. A case under section 459 and 380 I. P. C. was registered and the appellant was arrested. During the course of investigation no other incriminating circumstance against the appellant was found except the oral testimony of the witnesses.