MANGUNATH Vs. STATE OF M.P.

JUDGEMENT

(1.) THE judgment in this appeal shall also govern the disposal of Criminal Appeal No. 40 of 1978 (Bhanpmath v. The State) because both the appeals arise out of the same judgment of the Second Additional Sessions Judge, Mandsaur in Sessions Trial No. 58 of 1977. Both the appellants were charged with and tried for offence punishable under section 392 read with section 397 Indian Penal Code successfully for which each of them has been sentenced to rigorous imprisonment for 7 years. They appeal.

(2.) THE facts of the case in short are that on 25 -6 -1977 at about 5 p.m. Rampal (PW 1), Lilabai (PW 2), her mother Dhapubai (PW 5) and her aunt Basantibai (PW 4) after their day's work in the field near their village Revas Devda were returning home when suddenly the appellants, who were armed with sticks emerging from the bushes after grievously injuring Basantibai (PW 4) and Dhapubai PW 5) relieving Basantibai (PW 4) of her pair of silver Kadis and Dhapubai (PW 5) of her Bor, her pair of silver Kadis and a silver Cheep, ran away. Seeing the two women Basantibai (PW 4) and Dhapubai (PW 5) being severely injured and apprehending danger to themselves, Rampal (PW 1) and Lilabai (PW 2) abandoning severely injured and unconscious women behind ran away to their village, Rampal (PW I) related the event to villagers and thereafter hurried to Mandsaur at a distance of 20 k.m. from the place of the incident and lodged the first information report (Ex. P -I) at 12 -30 p.m. the day following. Dr. A. W. Nargunde (PW 12) on examining Dhapubai (PW 5) found that she had two lacerated wounds, two abrasions and one contusion Lacerated wounds were situated on the right parietal region and left frontal region, abrasions on the vertex of frontal region and on the back of wrist joint and contusion on the right scapular region. Basantibai (PW 4) had two lacerated wounds on the right upper eye -lid and between third, fourth and fifth fingers, an abrasion on the left leg, a contusion oh the right scapular region and swelling on the left wrist joint. He also took the X -ray photographs of Dhapubai's and Basantibai's radius and ulna bones and he found that in both the cases there were fractures. In his opinion, the duration of the injuries was within 24 hours of his examining these witnesses on 26 -6 -1977 at 9.30 a.m. The appellants were arrested and pursuant to their information, ornaments (a pair of silver Kadis, a Bor and a Cheep) were discovered by Kanhaiyalal (PW 10). Babu -singh Tomar (PW 8) conducted to test identification parades one regarding the identification of the miscreants in the district jail, Mandsaur and the other regarding the robbed articles at Datta Mandir, Mandsaur.

(3.) AS regards the offence punishable under section 392/397 Indian Penal Code having been committed on 25 -6 -1977 between 5 and 6 p.m. near the field of village Revas -Devda there is no doubt. The evidence of particularly Rampal (PW 1), Basantibai (PW 4) and Dhapubai (PW 5), if considered together conclusively establishes that the two miscreants, each aimed with a lathi had suddenly emerged from some bushes, while these witnesses were proceeding back home after finishing day's work. Each of the miscreants then started dealing blows severely injuring Basantibai and Dhapubai. Basantibai as a result of injuries sustained became unconscious to discover later on that her pair of silver Kadis had been robbed. Dhapubai (PW 5) also as a result of severe injuries became unconscious and according to her, her ornaments (a) Bor, a pair of silver Kadis and Cheep) were robbed. There is consistency behind the conduct of Rampal (PW 1) in having later on lodged the first information report (Ex. P -1) at a distance of 20 k.m. at Mandsaur Police Station, the day following.