PADAMNATH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellants have preferred the present appeal under Sec. 374 of Cr.P.C., being aggrieved by judgment dtd. 19/09/2007 passed by the First Additional Sessions Judge Dewas, District-Dewas (M.P.) in S.T. No. 229/2005, whereby they have been convicted and sentenced them as under:-

(2.) In brief, the facts of the prosecution case are that, on 18.5.2004 at around 2 to 3 o'clock in the night, the present appellants entered into the house of Kashiram with a view to commit dacoity and in that process they caused injuries to Kailash, Kishan, Seema, Leelabai, Pinki, Kashiram, Kalusingh, Jayaram, Mamta and Sajanbai and also committed murder of Shantabai. Dehati Nalishi (Ex. P/3) to this effect was lodged at the instance of Pinki (P.W.4) aged around 12 years and on the basis of which, First Information Report (Ex. P/17) was lodged. Investigation ensued and the appellants were arrested and put to trial. The learned Judge of the trial Court, after recording of the evidence, has convicted and sentence the appellants as aforesaid and being aggrieved by the same, this appeal has been preferred by the appellants.

(3.) Counsel for the appellants has submitted that the appellants have been falsely implicated in the case, in as much as they have been wrongly identified by the prosecution witnesses despite the fact that admittedly the incident took place in the wee hours of the morning at around 2 to 3 o'clock and the manner in which the incident took place it was not possible for any of the witnesses to identify the accused persons. Counsel has further submitted only the silver anklet (chandi ki kadi) has been identified by Pinki (P.W. 4) and Leelabai and no other material connecting them with the offence has been recovered from the appellants and the other material seized from them has also not been identified by the witnesses. Counsel has further submitted that the appellants have been falsely implicated only on the basis of the memo prepared under Sec. 27 of the Evidence Act and thus, the conviction and the sentence awarded to the appellants are liable to be set aside.