NOHAR SINGH MARKAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) As the aforesaid two Criminal Appeals arise out of the same judgment dated 04.03.2011 passed by Additional Sessions Judge (FTC) Dhamtari in Sessions Trial No. 79/2010 convicting the accused/appellants under Section 395/34 IPC and sentencing each of them to undergo imprisonment for life and pay fine of Rs. 500/- plus default stipulations, they are disposed of by this common judgment.

(2.) As per the case of prosecution, on 11.08.2010 FIR (Ex.P1) was lodged by Chainu Ram Yadav (PW-1) to the effect that in the intervening night of 10/11.07.2010 when he along with other family members was sleeping in his house, someone outside asked him to open the door and when he opened the door, two persons put the gun on his temple and two demanded Rs. 1,00,000/- on the point of knife under the threat of life if the amount was not given. They all, in naxalite uniform, took away Rs. 9,000/- and one ration card from the shop. Two persons are stated to have hidden their faces but PW-1 claims to indeitfy them if seen by him. FIR further says that subsequently after reading the news of two persons being arrested by the police of police station Nagri, they gathered courage of lodging the report. According to the FIR, those persons had warned PW-1 not to disclose the incident to anyone or lodge the report even. Based on this FIR, offence under Section 395 IPC was registered against Manoj Markam and others. He identified accused Manoj on seeing his photograph published in the newspaper dated 11.08.2010. After inquiry, except accused Manoj Markam who was already arrested by the police on 10.08.2010 (in arrest memo it is mentioned as 10.09.2010), the others were arrested on 108.2010 on the basis of disclosure of their names by Manoj Markam. On 108.2010 itself on the memorandum of accused Harik Ram Ex. P-6, seizure of air gun, black colour mask, photocopy of ration card of Chainu Ram and cash of Rs. 500/- was made from him under Ex. P-7; on the memorandum of accused Roop Lal Ex. P-8, seizure of knife, voter ID card of Sahnu Ram and a cash of Rs. 500/- was made from him under Ex. P-9; on the memorandum of accused Gangesh Kumar Ex. P-10, seizure of knife, bag (pitthu), Naxalite uniform and a cash of Rs. 500/- was made from him under Ex. P-11; on the memorandum of accused Nand Kumar Ex. P-12, seizure of black mask and a cash of Rs. 500/- was made from him under Ex. P-13; on the memorandum of accused Nohar Singh Ex. P14, seizure of gun, voter ID card of Govind Singh Thakur and cash of Rs. 1000/- was made from him under Ex. P-15. Likewise, 49 currency notes of 500 denomination totaling to Rs. 24,500/- were seized from Hemant Kumar Sahu (PW-5) under Ex. P-16. On 09.10.2010, Test Identification Parade (TIP for short) was conducted vide Ex. P-4 by Prakash Kumar Tandon (PW-10) the Naib Tehsildar, and it is said that the complainant (PW-1) in whose house dacoity was committed identified the accused persons namely Harik Ram and Nohar Singh. After investigation, challan was filed by the police under Section 395 IPC followed by framing of charge by Court below accordingly.

(3.) In order to prove its case the prosecution has examined 10 witnesses including the victims, in support of its case. Statements of the accused/appellants were also recorded under Section 313 of the Code of Criminal Procedure in which they denied their guilt and pleaded innocence and false implication in the case.