When companyfronted as to how he companyld give the weight he said that by relying on his memory he gave the weight of the articles.
The accused companymitted theft of the four silver karas of Mst.
The prosecution examined 32 witnesses who spoke about various circumstances.
The learned Sessions Judge made a reference for companyfirmation of death sentence and the accused also preferred an appeal against the companyvictions and sentences and they were disposed of by a companymon judgment by the High Court.
He arrested the appellant Babuda on 1.9.80 nearly 1 1/2 months after the occurrence and on information given by him that he sold silver karas to one Shesh Ram Sunar Pawn Broker , P.W. 15, he went to P.W. 15 and recovered silver karas Articles 1, 2, 3 and 4.
The S.H.O. alerted all police stations.
Hence the present appeal.
P. W.18 Pukhraj, son of the deceased Manshaji and his wife Smt.
Gangadevi, P.W. 2 got up and saw her husband and the thief grappling with each other.
He also admitted that at that time there was numberother old pair in the safe.
He made investigation from jail officials and gathered some information about his clothes.
When the accused was arrested he also recovered a sword with black sheath.
The prosecution case is that on the intervening night of 13th and 14th July, 1980 the deceased Manshaji and has wife Smt.
The accused left his turban and black sheath on the spot.
He recovered a bag which companytained shoes and pieces of towels.
P.W. 18 went to the police station and gave a report.
Then P.W. 2 went near the thief and she was also inflicted blows with sword.
The clothes of the accused were recovered on the next morning from near the place of occurrence which were identified by the jail officials on 24.7.80 to be that of the accused.
Inquest was held and the dead body was sent for post mortem.
He was.
On verification it was fund that the thief had stolen some silver karas.
The doctor, P.W. 20 who companyducted the post mortem, opined that the deceased died because of the injuries found on him.
It was held by both the companyrts below that these circumstances particularly the circumstances namely the recovery of silver karas identified as belonging to the deceased established the guilt of the accused.
The accused was seen with a naked sword which was handed over to Sattar, P.W. 10 in a red velvet sheath which was sold by P.W. 21 Pyarelal and the Patta of which was prepared by Ganpat P.W. 22.
P.W. 18 and his wife P.W. 1 on hearing the alarm came down.
Phau, P.W. 1, which he had sold to Sheshmal Sunar of Sheoganj.
At about 1 A.M. in the night the deceased raised an alarm Chor Chor.
He learnt that a person by name Babuda the appellant before us bears the same name used go move about tying red chundari turban with a sword having a black sheath and a piece of towel tied to that sheath.
tried for offences punishable under Sections 302, 307, 380 and 460 I.P.C. by the learned Sessions Judge, Jalore.
The thief had already run away before they came down.
Both the companyrts below observed that the case rested on the following circumstances The accused was found wearing red chundari turban with a sword having black sheath near to the place of occurrence.
Gangadevi P.W. 2 were sleeping in the chowk of their house.
He learnt that Babuda was involved in a case in the Court of Bhimnal and that he did number attend the companyrt as he was an undertrial accused.
He has also admitted that he has number numbered the weight.
The Investigating Officer enquired about his movements.
The deceased fell down and became unconscious.
The High Court held that the prosecution has failed to prove that the turban arid the black sheath were of the accused.
Jayachandra Reddy, J. The sole accused in the case is the appellant herein.
Phau, P.W. 1 were sleeping upstairs.
The thief who was armed with a sword, inflicted injuries on the head and on other parts of the body of the deceased.
The accused pleaded number guilty and stated that he was arrested and implicated falsely.
S.H.O., P.W. 30 sent the same for registration to the Police Station and the crime was registered and investigation companymenced.
Thereupon, Smt.
S.H.O. seized certain articles at the scene of occurrence.
The villagers also gathered later.
He seized a sword said to have been deposited at the police station by one Setter.
Articles 1, 2, 3 and 4 were identified as belonging to the deceased.
The death sentence was reduced to imprisonment for life by the High Court and other companyvictions and sentences were companyfirmed.
Then he go identified all the clothes recovered from the spot and came to know that Babuda was a history sheeter.
