RAMANAND RAMNATH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant, along with seven others, was tried in the court of the Additional Sessions Judge, Bilaspur for an offence under Section 395 Indian Penal Code. All of them were convicted for the above offence and sentenced to rigorous imprisonment for seven years each. In appeal the High court upheld the conviction of seven of them. including the appellant, but reduced their sentence to rigorous imprisonment for three years each. The conviction of the eighth accused was. however, altered to one under Section 41 I Indian Penal Code. The above order is under challenge in this appeal at the instance of the appellant only.

(2.) The prosecution case, so far as it is required to be stated for disposal of this appeal, is that on the night of 5/8/1981 the accused persons committed dacoity in the house of Nandram (Public Witness 1 of Village Tatakasa under the jurisdiction of Police Station Kunda and took away ornaments, clothes, watch and cash. A report of the incident was lodged by Nandram on the following morning at 4.30 a. m. whereupon a case was registered under Section 395 Indian Penal Code. In course of the investigation the appellant was arrested on 29/8/1981 and placed in a test identification parade wherein he was identified by three witnesses, including Nandram. Besides, some stolen articles were seized from his possession and some recovered pursuant to his statement. On completion of investigation the police submitted charge-sheet and in due course the case was committed to the court of Session.

(3.) The appellant pleaded not guilty to the charge levelled against him and his contention was that he was falsely implicated at the instance of the police authorities as, as a journalist he had written many an article about police atrocities for which they bore a grudge against him.