REECHCHOO HEMRAJ Vs. STATE OF M P

JUDGEMENT

(1.) THIS judgment will also govern disposal of Criminal appeals No. 296 of 1979 (Jagga v. State of M. P.); 297 of 1979 (Sirdar v. State of M. P.) and 298 of 1979 (Richhu v. State of M. P.) as they arise out of the same judgment.

(2.) THESE four appeals arise out of the judgment dated 12-10-1979 passed in Session Trial No. 98 of 1979 by the Sessions Judge, Guna, holding the three accused-appellants guilty of an offence punishable under section 395 of the Indian Penal Code. They have accordingly been convicted and sentenced to four years' rigorous imprisonment each.

(3.) THE accused Gulabsingh, Chhagan, Sajan Singh, Richhu, Sirdar, kunwarsingh and Jagga were charged of an offence punishable under section 395, Indian Penal Code for committing dacoity. Accused Sudabai, who is the wife of appellant Richhu, was charged of an offence punishable under section 412 of the Indian Penal Code for dishonestly receiving property, i. e. , a pair of silver kadia between 29-10-1978 and 14-11-1978, stolen in the commission of dacoity. Tie story, as alleged by the prosecution, is that on 28-10-1978 at about 5 P. M. in between villages Pattan and Suatore the accused persons looted Dhanki, Gomti, Jadi and Dongar Singh, who are residents of village Suatore.