NARSA @ HARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellant-Nasra faced trial for offence under section 395 Penal Code before learned Additional Sessions Judge, Bali and has been convicted for the same and sentenced to five years' rigorous imprisonment with a fine of Rs. 2,000.00 and in default to undergo three months' rigorous imprisonment. He was also faced trial under section 148 IPC, was convicted for the same and sentenced to one year's rigorous imprisonment. It was ordered that substantive sentences under both the offences shall run concurrently.

(2.) Briefly stated, Sawaram reported to Station House Officer, Nana (District Pali) on 15.8.1998 that on I 4.g. 1998 at about 12 O'clock he was grazing his cattle near Khetarli river. Suddenly eight persons, whose faces were covered, came there armed with la this and kulharis. Two persons suddenly attacked on him and fell down. They tied him with a tree. Two persons, out of them, stood before him and then rest of them took away his animals who were 38 goats and 40 sheep. Those persons, who were standing, left him after three hours. Thereafter he untied himself, came on the road and narrated the story to Mangal Singh. Heera son of Venaji was also with him and who also met the same treatment. On this report, a case under sections 382, 147. 148, 342 & 323 Penal Code was registered and investigated. Thereafter challan was submitted against number of persons who faced trial in Sessions Case No. 48/89 and their cases were decided separately on 31.10.1995 and 31. i .1997. When the present appellant was arrested, he was challaned and his case was committed to the Sessions Judge. Prosecution examined PW I Sawaram, PW 2 Heera, PW 3 Moti and PW 4 Bhanwar Singh in support of its case. Then the accused-appellant was examined under section 313 Crimial P.C. He did not produce any witness in defence. Learned Sessions Judge, after hearing both the parties, acquitted Nasra from the charges of Sections 342, 323, 411 & 414 Penal Code but convicted and sentenced him for offences under sections 148 & 395 Penal Code as stated above.

(3.) I have heard the learned counsel for the appellant as well as learned Public Prosecutor at length and have gone through the record.