GOPINATH DUTTA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 24.9.1991 passed by Additional Sessions Judge, Bilaspur, in Sessions Trial No. 229/1989 convicting accused/appellants for the offences punishable under Sections 395/397 IPC and sentencing each of them to undergo rigorous imprisonment for seven years, and pay fine of Rs. 100, in default of payment of fine to further undergo simple imprisonment for one month.

(2.) CASE of the prosecution in brief is that on 29.8.1988 FIR (Ex.P-12) was lodged by Bansilal (PW- 11) alleging that on that day at about 6 p.m. when he was sitting in his medical stores/grocery stores, 5-6 persons came there and asked for mixture (one kind of snack). When he asked his son namely Ashok to give them the said article, one of them took out a revolver and closed the shop. Thereafter, all of them took out the revolver and asked him as to where he had kept the coffer. One of them pressed his neck and took out the wrist watch worth Rs. 300 worn by him. Meanwhile, when his son Ashok tried to run for safety, two of them chased him and entered his house. At that time, when one Soncharan Yadav had come to his shop along with his son, they had threatened him also at the point of knife as a result of which he had immediately left the shop. When his family members cried, one of them had got out of the shop and exploded something like bomb and thereafter all of them fled away. They had taken away a cash of Rs. 600-700 from his shop.

(3.) ON the other hand counsel for the respondent/State supports the judgment impugned and submits that there is ample material on record to show the complicity of the accused/appellants in the crime in question and therefore, the judgment impugned convicting and sentencing them as mentioned above being strictly in accordance with evidence of the witnesses, calls for no interference in this appeal.