IN THE HHIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. 1. S.B.Cr.Appeal.No.954/2005. Narain @ Girraj Versus. State of Rajasthan. 2. S.B.Cr.Appeal.No.1124/2005. Ram Kumar @ Shankar Lal Versus. State of Rajasthan. Date of Judgment: 21.5.2009. Hon'ble Mr.Justice Mahesh Chandra Sharma. Mr.S.S.Sunda )for the appellants. Mr.Sandeep Jain ) Mr.Pradeep Srimal P.P. Since both these appeals are arising out of common facts and law, the same are decided by a common judgment. These two appeals have been filed by the accused appellants against the common judgment and order dated 30.9.2005 passed ..2. by the Addl.District Judge No.1(Fast Track) No.3 Tonk in Sessions Case No.71/2004 whereby he convicted the accused appellants for the offence under Section 395, 458, 342 IPC and sentenced them for different offences on different counts as under:- Under Section 395 IPC for 10 years Rigorous Imprisonment with fine of Rs.2000/- in default of payment of fine, to undergo 2 months simple imprisonment; Under Section 458 IPC 7 years rigorous imprisonment and fine of Rs.1000/-, in default of payment of fine to undergo one month simple imprisonment; Under Section 342 IPC six months rigorous imprisonment with fine of Rs.500/-, in default of payment of fine to undergo for a period of 15 days simple imprisonment. All the sentence will run concurrently. ..3.. The brief facts of the case are that on 18.9.2004, the complainant Gopal Das P.W-14 lodged an FIR stating therein that when he was sleeping in he mid night intervening of 17 & 18.9.2004 at about 1.A.M fir persons came at the temple of Baida Balaji at village Borkhandi and looted money and othe3r articles from the temple and on his information the police registered FIR Exhibit 26 (chocked FIR Ex.P.27) and started investigation and the accused persons were arrested. After investigation, a charge-sheet was filed against five accused persons before the Court of Sessions Judge, Tonk who transferred the case to the Court of Addl.District & Sessions Judge (Fast Track) No.1 Tonk, who framed charges for the offence under Section 395, 458 & 323 IPC. The charges were read over and explained to the accused persons who denied the same and claimed trial. ..4.. The statement of accused appellant was also recorded under Section 313 Cr.P.C. The prosecution in support of its case examined as many as 15 witnesses and got exhibited some documents. One witness was produced in defence. The learned trial court after hearing both the sides, convicted and sentenced the accused persons as indicated above. Feeling aggrieved by the aforesaid judgment and order dated 30.9.2005 passed by the trial court, the appellants preferred the present appeal. Heard learned counsel for the appellants and the learned Public Prosecutor. I have also scanned the record of the case. ..5.. In this appeal during the course of arguments, Mr. Bharat Yadav Advocate appearing on behalf of the accused appellant has made request to this Court that he is not challenging the conviction part of the judgment of trial court, but he is only requesting to this Court that the sentence should be reduced for the period already undergone by the appellant. Mr.Pradeep Srimal Public Prosecutor has controverted the arguments advanced by Mr.Bharat Yadav. I have heard learned counsel for the accused appellant and the learned Public Prosecutor. I have also scanned the the judgment of the trial court and I find the appellant was rightly convicted under Section 395, 458 & 342 IPC. Reasons given by learned trial court are cogent and valid and I do not see any ground to differ from them. ..6.. I accordingly, dismissed both these appeals while upholding the conviction of appellants under Section 395 & 458 & 342 IPC, but at the same time, I direct the concerned Jail authority to give the benefit of Section 432 Cr.PC to the accused appellants in accordance with law. The judgment and order dated passed by Addl. District Judge (Fast Track) No.1, Tonk in Session Case No.71/2004 is modified to the extent as indicated above. (Mahesh Chandra Sharma)J. k.