PREM BAHADUR RAI Vs. STATE OF SIKKIM

JUDGEMENT

(1.) This is an appeal by the accused Prem Bahadur Rai against the judgment of the learned Sessions Judge, Sikkim at Gangtok, dated, 11th March, 1977 in Criminal Case No. 26 of 1976, whereby the accused has been convicted Under Section 457 read with Section 34 and Section 392 read with Section 34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three years Under Section 457 read with Section 34 of the Indian Penal Code and also to rigorous imprisonment for the same period Under Section 392 read with Section 34 of the Indian Penal Code, both the sentences to run concurrently.

(2.) The case of the prosecution appears to be that on 30-1-1976. at about 12 O'clock, a report was recieved at the Pakyong out post from one Mahabir Limboo to the effect that during the night between 28th and 29th January, 1976, one ear-ring of his wife had been robbed by some unknown persons who ran away immediately after the occurrence. A formal F.I.R., marked Exhibit 2, was recorded on the basis of the above report, marked Exhibit 1, and the investigation proceeded and was conducted by the Sub-Inspector of Police, C. L. Khenal. During the course of investigation it was found that the complainant Mahabir Limboo and his wife Sukrani Limbooni were returning to their house in Aho Busti from Pakyong Bazar and that they were followed by two unknown persons on the way up to their house but they could not and did not remember their descriptions as the night was a dark one.

(3.) The accused Prem Bahadur Rai, the appellant before us. and Prem Kumar Rai who is reported to be absconding, were arrested on suspicion and the prosecution case is that during their interrogation they admitted to have committed robbery in respect of the aforesaid ear-ring of Sukrani Limbooni by entering the house during night on 28th/29th January, 1976, and that they subsequently sold the said ear-ring to Laxman Agarwala, who was also an accused in this case but was subsequently discharged, for Rupees five hundred and that later on the said golden ear-ring was recovered from the shop of the said Laxman Agarwala.