BHANWAR SINGH & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 19.8.1981 passed by the learned Sessions Judge, Chittorgarh camp Pratapgarh convicting the first appellant Bhanwar Singh of offence under Sec. 397 Penal Code and sentencing him to 7 years R.l. and to pay a fine of Rs. 500.00 in default of payment, to further undergo 1 month R.l. The second, third and fourth appellants namely Shivlal, Ramdass and Razak have been convicted of offence under Sec. 394 Penal Code and sentenced to undergo 2 years R.l. and to pay fine of Rs. 500.00 each, in default of payment, to further undergo 1 months R.l.

(2.) The prosecution case is that on 13.12.1977 one Satnarayan lodged a written FIR at Police Station Chittorgarh stating inter alia that in the morning from village Kathi he had gone to Chittorgarh to sale gram and wheat. He sold gram and wheat to Janki Lal and Pukhraj and collected the sale price. After making certain purchases, he left Chittorgarh at about 5 p.m. in the cart of Bhagwana. At about 6 7 p.m., he reached at village Bodhiyan, where he purchased molasses from the shop of Prabhulal. When he took out the money from his pocket to make payment, he saw the accused Bhanwarlal sitting in the shop. Thereafter, he left village Bodhiyan for his village Kathi in the cart of PW 6 Bhagwana. While they were passing through the forest between Bodiyan and Kathi, the five accused persons were seen seating on the way, they stopped the bullock cart and two of them climbed on the cart, and threw Satanarain on the ground. They were armed with knife and Dandas. At the point of knife, they robbed them. Injuries were also caused to them. He also stated that accused Bhanwar Lal put the knife on his neck. He also disclosed the name of accused Shivlal and Ramdass and stated that he was not knowing the name of the other accused persons. On this information, Police registered a case of offence under Sec. 394 Penal Code and proceeded with the investigation. It appears that the accused persons were arrested on 15.12.1977 and the recoveries of the currency notes and weapons were made in pursuance of information given by each of the accused persons The injured Satnarayan was medically examined. After usual investigation, Police also laid a charge-sheet against all the accused persons of offence under Secs. 394, 397 and 411 IPC.

(3.) During the trial, the prosecution examined 10 witnesses and produced certain documents. In statement under Sec. 313 Cr.RC. when confronted with the prosecution evidence, the accused persons stated that the same was false. The trial Judge convicted and sentenced the appellants as stated above.