MADHAW Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) As both appeals (Cr.A. No. 191 of 2002 and Cr.A. No. 1187 of 2003) arise out of the common judgment of conviction and order of sentence dtd. 31/1/2002 passed by the Third Additional Sessions Judge (FTC), Bemetara, District Durg (C.G.) in Sessions Trial No. 151/1994, they are being disposed of by this common judgment. By the impugned judgment, the appellants stand convicted and sentenced as under:- <FRM>JUDGEMENT_144_LAWS(CHH)11_2019_1.html</FRM>

(2.) There are six accused persons namely Tinku @ Avinish (A-1), Laxminaryan (A-2), Chandrasen (A-3), Arvind (A-4), Madhaw (A-5) and Mohd Haseeb (A-6) who were prosecuted for the offences punishable under Ss. 395, 397 and 412 of IPC and Sec. 27 of the Arms Act before the trial Court. Out of them, three accused persons i.e. Chandrasen (A-3), Arvind (A-4) and Mohd. Hasib (A-6) have been acquitted of the above charges, whereas, while acquitting the present three appellants/accused persons i.e.Tinku @ Avinish (A-1), Laxminaryan (A-2) and Madhaw (A-5) of the charges under Ss. 397 and 412 of IPC and Sec. 27 of the Arms Act, they have been convicted and sentenced under Ss. 395 and 367 of IPC as mentioned above.

(3.) Brief facts of case of the prosecution are that complainant Dwarika Prasad is resident of Jabalpur (M.P.). On 27/11/1992 at about 09:30 pm, complainant Dwarika Prasad (PW-1) was going along with his driver Ghanshyam (PW-2) from Jabalpur to Raipur for participating in the auction proceedings by his vehicle Maruti-800 which was being driven by Ghanshyam and the complainant was sitting in the back seat. When they reached before 20 Km of Bemetara at about 03:00 am, six accused persons who were wearing police uniform stopped the car and demanded the papers of car and were telling that there was arms in the car. Thereafter, the accused persons took PW-1 and PW-2 by assaulting towards their Jeep and made them sit in the Jeep and out of them (accused persons), one accused drove the car of complainant. The allegations are that the accused persons took PW-1 and PW-2 by assaulting with the back side of revolver towards jungle and on account of this, PW-1 and PW-2 sustained injuries on their heads. The further allegations are that in jungle, the accused persons removed the clothes of PW-1 and PW-2, tied the hands of Ghanshyam and left both of them in jungle. The accused persons looted Rs.1,05,000.00 which was kept in Maruti car in a briefcase; blanket; snatched Rs.7,000.008,000/-, wrist watch and golden ring from Dwarika Prasad (PW-1); wrist watch of Ghanshyam (PW-2) was also snatched and thereafter the accused persons fled from the place of occurrence by their Jeep including the car of PW-1 and its papers. Thereafter, Dwarika Prasad (PW-1) and Ghanshyam (PW-2) came on the road side from jungle and were waiting for help. Then, one Truck driver came there and looking to the condition of both PW-1 and PW-2, the driver of the truck left both PW-1 and PW-2 to nearby police station at Bordla, where Dwarika Prasad (PW-1) lodged the FIR (Ex.-P/2) at about 07:30 am against the six unknown persons who committed dacoity with them (PW-1 and PW-2). PW-1 and PW-2 were sent for their medical examination. After lodging the FIR at Bordla police station, dehatinalishi was sent to Bemetara police station because in its jurisdiction the offence had occurred and as per Ex.-P/11, the crime was registered.