JAGDISH ALIAS SATISH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Since both the appeals arise out of a common judgment, they are disposed of by this common judgment.

(2.) The appeals are preferred against the judgment dated 17.11.1998 passed in Sessions Trial No.122 of 1997 by the 1 st Additional Sessions Judge, Ambikapur convicting and sentencing each of the Appellants as under:

(3.) Facts of the case, in brief, are that on 19.1.1997 at about 11:30 p.m., Raghunath (PW2) was sleeping in his house along with his family members. At that time, some persons called him from outside and said that wood was being theft. He opened the door. One person entered his house carrying one desi katta (country- made pistol) in one hand and one bomb in the other hand. Another person also entered with a khukhari (knife). That person made a demand for money. He gave them Rs.100/-. A third person also entered with a rod and made a search of his house. Thereafter, all the three persons looted his Rajdoot Motor Cycle, one wrist watch of HMT make, one torch, cash of Rs.400/- and one suitcase of Alfa make in which clothes, anklet and official documents were kept, and pushing him away closed him inside the room of the house and ran away. Later on, he broke the door and came out of his house and informed about the incident to his neighbours. He also informed about the incident to Police Chowki, Lundra vide Ex.P3. Later on, First Information Report (Ex.P3A) was registered at Police Station Dhourpur. During investigation, memorandum statement (Ex.P22) of Appellant Jagdish was recorded and based on which seizure of various articles were made from him vide Ex.P23, memorandum statement (Ex.P11) of Appellant Pal was recorded and based on which seizure of various articles were made from him vide Ex.P12 and memorandum statement (Ex.P24) of Appellant Pintu was recorded and based on which seizure of various articles were made from him vide Ex.P25. Vide identification parade (Ex.P8), Complainant Raghunath identified the accused who had entered his house and made the loot. Vide Ex.P6, Raghunath identified his motorcycle and vide Ex.P7, he identified the other articles looted from his house. It is further alleged that some looted articles were purchased by Mustafa and Kalam and those articles were also seized from them. On completion of the investigation, a charge-sheet was filed against the accused for offences punishable under Sections 394, 201, 412, 34, 120B, 450, 342 of the Indian Penal Code, Sections 25 and 26 of the Arms Act and Sections 4 and 5 of the Explosives Substances Act. Charges were framed against accused Pintu under Sections 450, 394, 342 of the Indian Penal Code, against accused Jagdish under Sections 450, 394, 342 of the Indian Penal Code and Section 4 of the Explosive Substances Act, against accused Pal under Sections 450, 394, 342 of the Indian Penal Code and Section 25(1B)(a) of the Arms Act, against accused Kalam under Section 411 of the Indian Penal Code and Section 4 of the Explosive Substances Act and against accused Mustafa under Section 411 of the Indian Penal Code.