G.K. SHARMA, J.—Appeal No. 116/1980 has been filed by Narsingh, Deo Lal and Tuishi Ram. Appeal No. 57/1980 has been filed by Gordhan, Chatra Ramcharan and Malkhan. Both these appeals arise from the judgment of learned Addl. Sessions Judge, Baran, dated 23.1.1980, in Sessions case No. 106/77, State of Rajasthan Vs. Tuishya and others under Sections 395 396 and 397 IPC, hence, both these appeals are disposed off by this common judgment. After filing appeal the appellant accused Malkhan had died, as such his appeal has abated.

2. Jagan Nath lodged a written report on 2 6.1977, at the police station Mangrole, to the effect that on the intervening night of first and second June, 1977, at about 12-1 am. when he was sleeping in his house with his wife Mst. Panchi and his son Babu, he saw two persons making a lurking house trespass by scaling over the wall. He challenged them but these three persons entered into the house after threatening him with dire-consequences. They gave beating to his son. He cried, so 10.20 villagers came at the scene of occurrence. The miscreants snatched the Rakhadi from the hair of his wife. The villagers attempted to rescue them but Chandalal s/o Khema and Deo L

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