MAHENDRA RAM GOND Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 against the judgment dated 30.9.2008 passed by the First Additional Sessions Judge, Ambikapur, Sarguja (CG) in Sessions Trial No. 410/2007, whereby the appellants have been convicted under Sections 458, 392 of the IPC and Section 25 (1B) of the Arms Act, 1959 and sentenced to undergo R.I. for 5 years in fine of Rs.1000/-, R.I. for 5 years and fine of Rs.1000/- and R.I. for 2 years and fine of Rs.500/- with default stipulations. Appellant Bhojraj has been acquitted under Section 4 (b) of the Explosive Substances Act, 1908, whereas, appellant Mahendra Ram has been convicted under said Section 4(b) of the Explosive Substances Act, 1908. All the sentences were directed to run concurrently.

(2.) In the present case, name of the victim is Rambilas who is resident of village Patarapara. It is alleged that on 17.6.2007 at about 11.00 pm, someone knocked the door of the house of Rambilas and called him. When he opened the door, he saw 2 persons having plastic bag and sword. Both the persons demanded Rs.1 lac from him by stating that he had a fund of Scheme of Employment Guarantee. When the complainant denied for having some fund, the appellants removed Rs.400/- from his possession. Bag of the appellants were seized in which tiffin bomb was found. The matter was reported and the appellants were charge-sheeted. After completion of trial, the trial Court has convicted and sentenced the appellants as aforementioned.

(3.) I have heard learned counsel for the parties and perused the record.