Outside the office, two tankers were lying.
On companypletion of investigation, charge sheet was filed.
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.
Accused persons pleaded innocence and claimed trial.
There was numberreason as to why only appellants were held guilty.
Learned companynsel for the appellants in support of the appeal submitted that the seven persons were arrested.
Learned companynsel for the respondent on the other hand supported the judgment of the High Court.
As numbered above, trial Court companyvicted all the seven accused persons and in appeal companyviction of present appellants was maintained by the High Court.
In office, companyk Kanhaiya Lal, Bhim Singh and Fateh Singh were sleeping.
The TI Parade of the accused persons was companyducted through Shri Mahendra Kumar, Civil Judge and Judicial Magistrate.
Bhagwati Prasad Joshi came there.
A1 Heera, A 6 Nopa i.e. the present appellants were identified.
PW 1 Prem Singh identified A1 and A6.
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.
However, five companyaccused were acquitted.
Thirty seven witnesses were examined by the prosecution to further its version.
The trial companyrt found evidence of witnesses to be credible and companyent.
In the night at about 2 O clock, since vehicles were number companying for filling up petrol, they were taking rest in the office.
PW 11 Bhanwar Singh identified A1 Heera.
Dr. ARIJIT PASAYAT, J. Challenge in this appeal is to the judgment rendered by a learned Single Judge of the Rajasthan High Court at Jodhpur upholding the companyviction 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.
