PRAHLAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 17.05.1990 passed by the Additional Sessions Judge, Bilaspur, in Sessions Trial No. 294/1987 convicting the accused/appellants for the offences punishable under Sections 395/397 of the Indian Penal Code and sentencing them to undergo rigorous imprisonment for seven years.

(2.) CASE of the prosecution in brief is that on 21.6.1987 FIR (Ex. P-3) was lodged by Nand Kishore Soni (PW-2) alleging that on that day when he along with his elder brother - Khomilal (PW-3) was going to Bhuigaon on a motorcycle for selling the ornaments, near Kursinala they were stopped by seven persons who had blocked the road and were carrying country made pistol, grenade, Gandasa and club. Further case of the prosecution is that after exploding the grenade they started throwing stones as a result of which both Nand Kishore Soni and Khomilal sustained injuries. Thereafter, it is alleged that the accused persons committed dacoity and looted silver and gold ornaments worth Rs. 67,000. On the basis of the FIR, police started investigation and made recovery of the looted articles. Vide Ex. P-5 one damaged Rajdoot motorcycle and its parts were seized at the instance of the complainant. Thereafter, Nand Kishore and Khomilal were medically examined by Dr. Ram Krishna Jotpure (PW-1) who found injuries on their body. Vide Ex. P-6 a bag containing blood stains was seized. Vide Ex. P-7 remains of the bomb and parts of the motorcycle were seized. Vide Ex. P-8 blood stained soil was seized. On the basis of memorandum of Ramanuj (Ex. P-9), gold and silver ornaments were seized vide Ex. P-10. On the basis of memorandum of Chhayaram (Ex. P-11), gold and silver ornaments were seized vide Ex. P-12. On the basis of memorandum of Maniram (Ex. P-13) certain ornaments and one knife were seized vide Ex. P-14. On the basis of memorandum of Pyarelal (Ex. P-15) gold and silver ornaments were seized vide Ex. P-16. On the basis of memorandum of Hansram (Ex. P-17) gold and silver ornaments were seized vide Ex. P-18. On the basis of memorandum of Prahlad (Ex. P-19) gold and silver ornaments and one country made pistol were seized vide Ex. P-20. On the basis of memorandum of Pyarelal (Ex. P-21) one Hero cycle was seized vide Ex. P-22, one RMI cycle was seized vide Ex. P-23, one Hercules cycle was seized vide Ex. P-24, certificate of the jeweler was seized vide Ex. P-25. The seized articles were identified vide identification memo Ex. P-26. Vide Ex. P-27 a tin box was seized, vide Ex. P-28 one Godrej lock was seized and vide Ex. P-29 a tin box was seized from near the canal. Vide Ex. P-4, Test Identification Parade was conducted on 3.8.1987 and except Pyarelal all the accused persons were identified. FSL report Ex. P-32 shows that the parts of the motorcycle belonging to the complainant contained the residues of explosive substances.

(3.) ON the other hand counsel for the respondent/State supports the impugned judgment.