SHIVRAJ PANDO Vs. STATE OF C.G.

JUDGEMENT

(1.) As the aforesaid two Criminal Appeals - one preferred by the accused challenging their conviction under Sections 458, 395 and 398 and sentence of RI for 10 years with fine of Rs. 500/- under section 458 and 395 and RI for 7 years under section 398 IPC; and the other one by the State seeking enhancement of the sentence imposed by the Court below, arise out of the same judgment dated 27.05.2006 passed by Additional Sessions Judge, Manendragarh, Korea in Sessions Trial No. 149/2005, they are disposed of by this common judgment.

(2.) Facts of the case leading to disposal of these two appeals in brief are that on 04.01.2005 at 7.30 AM FIR Ex. P-3 was lodged by Anil Kumar Pandey (PW-2) to the effect that on that day at 3 AM when he was sleeping in his house, he heard the cries of his mother that the thief had barged into the house. FIR further says that immediately thereafter he came out of his room and saw 5-6 persons running away after opening the door carrying battle-axe with them. Household articles were found scattered and on being asked his mother informed him that one pair of gold tops, gold ring and silver anklets were removed from her person. After taking key which was kept beneath the pillow, they are also said to have opened the Almira and also taken away silver anklet, gold tops, gold nose-pin belonging to his sister; cash of Rs. 4,500/- out of it and Rs. 400/- from the purse, and some clothes. FIR registered was for the offences under Sections 458 and 380 IPC against the unknown persons. On 08.01.2005 all the accused persons were arrested and on the memorandum of accused Shivraj Pando Ex. P-6, seizure of battle-axe, silver anklets and cash of Rs. 50/- was made under Ex. P-18; on the memorandum of accused Mehilal Pando Ex. P-5, seizure of battle axe, gold nose-pin and cash of Rs. 50/- was made under Ex. P-17; on the memorandum of accused Raghuvar Pando Ex. P-11, seizure of silver anklets, bamboo stick and cash of Rs. 110/- was made under Ex. P-13; on the memorandum of accused Mangal Sai Ex. P-7, seizure of club and cash of Rs. 150/- was made under Ex. P-16; on the memorandum of accused Amarjeet Ex. P-9, seizure of one iron made object used for breaking open the door and cash of Rs. 100/- was made under Ex. P-12; on the memorandum of accused Lele alias Shiv Balak Ex. P- 10, seizure of one steel water container, crowbar and cash of Rs. 40/- was made under Ex. P-15; and on the memorandum of accused Kishunram Ex. P-8, seizure of crowbar and cash of Rs. 100/- was made under Ex. P-14. Test identification parade was conducted on the same day by Nayab Tehsildar (PW-7) vide Ex. P-1 and it is said that the accused persons were identified by Anil Kumar Pandey (PW-2) and Chandravati (PW-3). Identification of the seized articles was conducted vide Ex. P-2 where PW-2 and PW-3 are said to have identified three pairs of silver anklet - old and new and the gold nose-pin. After investigation, charge-sheet was filed by the police against 10 accused persons including the accused/appellants under section 458, 380 and 395 IPC followed by framing of charge by the Court below under section 458, 395 and 398 IPC.

(3.) In order to prove its case the prosecution has examined 07 witnesses in support of its case. Statements of the accused persons were also recorded under section 313 of the Code of Criminal Procedure, 1973 in which they denied their guilt and pleaded innocence and false implication in the case.