RAMCHARAN KAPTAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the Judgment dated 27/8/1984 passed by the AddI. Sessions Judge, No.2, Bharatpur by which he convicted the appellants under section 412, I.P.C. and sentenced them to two years R.I. and a fine of Rs. 200.00, in default of payment of fine to under go one months R.I.

(2.) Devi Charan Gupta submitted a written report at P.S. Gadhi Bazna, Distt. Bharatpur on 7.4.81 regarding an incident alleged to have taken place on 5/4/1981 alleging therein that about 30-35 miscreants had looted the property consisting of cash, watches and ration from the persons who were travelling in trucks Nos. RRR 1219 and RJG 2479. On this report F.I.R. under section 382, I.P.C. was prepared. After completing usual investigation, the police submitted a challan against two appellants under sections 395 and 397, I.P.C. Three accused persons have been shown absconded.

(3.) The learned AddI. Sessions Judge framed charge against the appellants under sections 395 and 397, I.P.C. The accused pleaded not guilty and claimed trial. The learned lower court found the appellants guilty under section 412, I P.C. only and sentenced I them as mentioned above.