RAJU YADAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Learned Second Additional Sessions Judge Damoh has passed the impugned judgment dated 7/3/1995 in Sessions Trial No. 125/91 whereby appellants have been convicted for offence punishable under Sections 457 and 392 of Indian Penal Code and sentenced to undergo rigorous imprisonment for a period of five years and fine of Rs.500/- and rigorous imprisonment for a period of ten years and fine of Rs.100/-, with default stipulations.

(2.) Being aggrieved, the appellants have preferred this appeal under Section 374 (2) of Code of Criminal Procedure.

(3.) Prosecution case in short is that on 20/7/1991 at about 7.50 p.m., when complainant Seetabai (PW6) was watching television alongwith her2 brother-in-law Atmaram (PW12) and Rajeshwari (PW13), at that time somebody knocked the back door of her house but she has not opened the door. Thereafter, three persons entered into the house by jumping the back wall of her house. One of them caught hold of her and demanded the key of Almirah at the point of country made pistol. Under fear she handed over the key of Almirah to them. The other two persons took out the ornaments, bed-sheet, carpet, sweaters and other clothes from the Almirah and fled away from the spot. When complainant Seetabai shouted, a boy, who was living in the vicinity, came there then she sent a message with him to the shop of her husband Asandas. Asandas rushed to his house. Dehati Nalisi (Ex,P/3) was lodged by the complainant Seetabai. The same was recorded by Ajay Kumar Raikwar (PW8). During investigation D.S. Parihar (PW11) arrested the appellants and seized the looted property at their instances. Appellants and seized property were duly identified during test identification parade.