NIRANJAN SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellants being aggrieved by their convictions under Sections 392 and 397, I.P.C. have preferred this appeal before this Court. They have been sentenced to undergo R. I. for seven years and fine of Rs. 500/- on each count, and on default of payment of fine to undergo further R. I. for six months.

(2.) As per the prosecution case, on 2nd June, 1986 the accused persons had entered the shop of Babulal while he was in the process of closing. One shutter was already put and one shutter was still to be put. They entered the shop at about 9.15 p.m. and asked for a sum of Rs. 1001/- from the injured Babulal and asked him the reason why he had offered only two 'Ilachis' when the three persons had come to the shop the previous day. At the relevant time injured Babulal and his brother Munnalal (PW 4) were present and they were settling the account. Babulal was having Rs. 400/- in his hands. Ramsahay and Niranjan asked to hand over Rs. 1000/-. On refusal of the complainant Babulal, Ramsahay inflicted one injury on his right arm with a knife. Another injury was caused on left side of chest by knife. Rs. 400/- which the complainant had in his hands were snatched by Niranjan Singh. It is alleged that one more boy was accompanying the accused persons whose name was not known. The incident was witnessed by Santosh Kumar (PW 3) and Jinendra Kumar.

(3.) Injured Babulal was referred for medical examination to Dr. Anand Singhai (PW 7) who found two injuries. One injury 1" x 1/2" was found on the left side of chest below the nipple and the other injury 1/2" x 1/4" was on the left arm. Both the injuries were caused by hard and sharp weapon. The medical report is Ex. P/12. The clothes of Babulal were seized which carried corresponding sign of insertion of knife.