NEELKAMAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The Additional Sessions Judge, Panna has passed impugned judgment dated 13.07.1995, in ST No. 85/92 by which appellants/accused persons have been convicted under Sections 395 and 397 of IPC and sentenced them to undergo RI for 7 years with fine of Rs. 500/- each, in default further RI for 6 months.

(2.) Being aggrieved, appellants/accused have preferred this appeal under Section 374(2) of the Code of Criminal Procedure along with other co- accused Rakhal, S/o Kartik Mistri and Neelu Nirmal, S/o Surendra Vishwas but both of them died during pendency of this appeal, therefore, appeal in relation to them stands abated.

(3.) The prosecution case, in short, is that in the intervening night of 28-29/6/1992, complainant Gopal Singh(PW-3) along with his wife Awadhrani (PW-15), daughter Sumitra bai (PW-16), son Guman Singh (PW-4) and his son-in-law Ganesh Singh(PW-14) were sleeping in courtyard of his house in village, Vikrampur.