JUDGMENT

Dr. ARIJIT PASAYAT, J.—

1.Challenge in this appeal is to the judgment rendered by a learned Single Judge of the Rajasthan High Court at Jodhpur upholding the conviction of appellants for offence punishable under Section 395 of the Indian Penal Code, 1860 ( in short the ‘IPC’). Custodial sentence of 10 years with fine of Rs.2000/- each with default stipulation as imposed by the trial Court was maintained. However, five co-accused were acquitted.

2.Background facts in a nutshell are as follows :

On 24.1.1997 Prem Singh lodged an oral report alleging inter alia that he is working at Lavri Petrol Pump for last 3 years. In the night at about 2 O’ clock, since vehicles were not coming for filling up petrol, they were taking rest in the office. Outside the office, two tankers were lying. In office, cook Kanhaiya Lal, Bhim Singh and Fateh Singh were sleeping. At that time, about seven persons wearing pant-shirt and sweater came there and started throwing stones towards the office, due to which the glasses were broken. On this they wake up. Three accused persons came towards them and started beating them with lathis, for which he lifted a lathi and started giving blows to the accused