2000 Supreme(Raj) 1472
SHIV KUMAR SHARMA
Kailash – Appellant
Versus
State of Rajasthan – Respondent
Advocates:
For the Petitioner:Mr. B.S. Shekhawat, Advocate.
For the Respondent: Mr. S.S. Rathore, P.P.
JUDGMENT :
1. - The accused petitioner was convicted for having committed offence under Section 394 Indian Penal Code by the Additional Munsif and Judicial Magistrate No. 1, Jaipur, District Jaipur to undergo two years' rigorous imprisonment and fine of Rs. 1,000/- and in default to further undergo one month's sample imprisonment vide judgment dated December 19,1989. The accused petitioner preferred appeal against the said judgment. The learned Additional Sessions Judge, Jaipur, District Jaipur vide judgment dated February 6, 1999 dismissed the appeal. Hence this criminal revision.
2. The prosecution case as set out in the FIR is that on June 9,1979 when informant Smt. Goma was going alone to her parental house after sun- set near Dhandh River two persons stopped her way, gave Lathi blow on her person and snatched her ornaments. When she shouted one Gyarsi Lal and Chhitar came there to whom she narrated the story. The investigation commenced. The accused petitioner Kailash and another co-accused Bhanwariya Meena were arrested. Charge-sheet was filed after completion of investigation. Charge under Section 394 Indian Penal Code was framed and read over to the petitioner. The accused p
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