Dave, J.—This ii an appeal against the judgment of the Sessions Judge, Jodhpur dated 26th July, 1954, whereby the appellants Jethiya and Motiya have been convicted under secs. 392 and 323 respectively. Jethiya has been sentenced to 5 years rigorous imprisonment while Motiya has been awarded 6 months rigorous imprisonment.

2. The prosecution case against the appellants was that on the morning of the 21st November, 1951, one Khiya son of Raju Vishnoi resident of Matora was going home from Pokarwali Nadi. At that time, three persons viz, the two appellants and one Nawalia beat him with Lathis saying that he was grazing his cattle in the field of Kirta Jat. It was further alleged against them that after Khiya had fallen on the ground, Motiya appellant caught hold of his hands and Jethiya and Navaliya removed the two golden Murkis which he was wearing in his ears. Motiya appellant also snatched from his possession one Bhakla and then all the three appellants ran away from that place because two persons Kana and Bhagwana came to the site, being attracted by Khiyas cries.

3. The first information report about this occurrence was lodged by Khiya himself at the Police Station, Bapini on 23-11

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