MAHESH RAM Vs. STATE OF.M.P

JUDGEMENT

(1.) Since these two appeals arise out of the same judgment dated 20.11.1998 passed in Sessions Trial No.9/1995 convicting and sentencing the accused/appellants as mentioned below, they are being disposed of by this common judgment. <FRM>JUDGEMENT_172_LAWS(CHH)12_2019_1.html</FRM>

(2.) Charge against accused Iqbal, Kamal and Abdul Karim is under Sections 120-B/392 and 395/114 IPC for hatching criminal conspiracy and committing robbery of Rs.1,10,000/- from the complainant Ramdas (PW-1). Likewise, against accused Chain Singh, Namme Singh, Farid and Mahesh charge under Section 395/120-B IPC was framed.

(3.) Case of the prosecution in brief is that the complainant (PW-1) a goldsmith by occupation was insisted by accused Abdul Karim and Iqbal to buy a piece of diamond for which the initial amount of Rs.1,00,000/- was already paid by them. After arranging the amount, the complainant came to Khamripara and stayed in the house of accused Iqbal where he met accused Abdul Karim. It is alleged that accused Abdul Karim left the house at 4 AM and thereafter the complainant (PW-1) along with accused Kamal and Iqbal hired bicycles and proceeded further through the forest and on the way they came across four persons who indulged in manhandling with him and his companions, snatched the amount kept by them and also threatened them to get away from there. It is further alleged that when the complainant expressed his desire to lodge the report, accused Iqbal and Kamal asked him not to do so. Meanwhile, he met one Heeralal (PW-15) and disclosed to him about being robbed of an amount of Rs.1,10,000/-. Suspecting some foul play Heeralal (PW-15) asked the complainant to accompany him to police station and lodge the report. Acting on the advice of Heeralal, the complainant went to the police station along with him where the report Ex.P-1 was lodged. After investigation, challan was filed against the accused persons and the afore-stated charges came to be framed.