GUDDA Vs. STATE OF MADHYA PRADESH NOW CHHATTISGARH

JUDGEMENT

(1.) Since both these appeals filed under sec. 374 of Code of Criminal Procedure, 1973 arise out of the common judgment of conviction and order of sentence dtd. 12/10/1999 passed by Sessions Judge, Surguja (Ambikapur) (M.P.) now (C.G.) in Session Trial No. 211/98, they are heard together and are being disposed of by this common judgment.

(2.) By the judgment impugned appellant Gudda @ Ramesh Sahu in Criminal Appeal No. 2927/1999 and Ram Bilas Sahu and Santosh Kumar Tiwari in Criminal Appeal No. 3040/1999 stand convicted and sentenced as under:-

(3.) As per Ex. P-1 (F.I.R.) Ganeshwar Prasad aged about 42 years R/o Village Ghunchapur was going towards his home from School by riding motorcycle Rajdoot bearing registration No. MP27 C 8208. On the way three persons namely Santosh Kumar Tiwari, Ram Bilas Sahu and one unknown person stopped his vehicle. One of them was having sword in his hand and one accused had Club and another was empty handed. They asked the complainant Ganeshwar Prasad to drop them at village Lalati, on which complainant replied that he is not capable to ride the vehicle with four persons. Then one of them rode the vehicle and complainant was sitting as pillion rider on backside of the motorcycle. When they reached Village Lalati, the Ganeshwar Prasad asked the accused to stop the vehicle but he did not stop and drove away. However, the rider of the motorcycle lost control over the vehicle as a result of which the motorcycle skidded and all of them fell down. Thereafter, all the three accused threatened him of life and took away his motorcycle. Out of fear he could not do anything and move away towards his village on foot. On the way Secretary of the Gram Panchayat met him, to whom he informed about the incident and the Secretary also informed him that he saw three boys going by motorcycle near Somtari. Thereafter, the Secretary dropped him at village Lalati and from their he went to his village Ghunchapur and informed about the incident to Sarpanch and others. Thereupon Ramendra Singh Kanwar and some other boys of Ghunchpur informed that they saw some boys going from Dumerpani and they recognize two of them i.e. Santosh Kumar Tiwari of Premnagar area and Ram Bilas Sahu of Surajpur area. However, the third boy was unknown to them. Thereafter, he alongwith Ramendra Singh Kanwar came to Udaipur and inquired about his motorcycle and the said boys, on which he came to know that these three boys met with accident at Surhul. When he (Ganeshwar Prasad) went to Surhul he came to know that these injured boys and the motorcycle were taken by Bus to Premnagar. However, it being night he did not go to Premnagar on that date. On the next day on 01/01/1998 report was lodged by Ganeshwar Prasad on which offence under sec. 398 read with 34 of IPC was registered against Santosh Kumar Tiwari, Ram Bilas Sahu and one unknown person. As per Ex. P-13 motorcycle was seized by Police of Police Station Premnagar. After investigation charge sheet was filed against three accused Gudda @ Ramesh, Santosh Kumar Tiwari and Ram Bilas Sahu under Sec. 392, 397, 398 and 34 of I.P.C. Learned Trial Court framed charge against three accused under sec. 392 and 397 of I.P.C. which was denied by the accused person.