PAHALWANSINGH Vs. STATE OF M P

JUDGEMENT

(1.) This judgment shall govern disposal of Criminal Appeal No. 284 of 1979 (Phool Singh Vs. The State of Madhya Pradesh) as well.

(2.) This is an appeal under section 374 of the Code of Criminal Procedure, arising out of the conviction and sentences passed on 3-8-1979, in Sessions Trial No. 820 of 1978, by the Second Additional Sessions Judge, Guna, whereby all the accused appellants have been held guilty for an offence under section 399, Indian Penal Code read with section 402, Indian Penal Code and sentenced to three years' and three years' rigorous imprisonment each on each count respectively and appellants Nos. 1 and 2 have further been held guilty under section 25(1)(a) read with section 27 of the Arms Act and sentenced to one year's rigorous imprisonment each. All the sentences have been ordered to run concurrently.

(3.) Briefly stated, the facts out of which this appeal arises are as under. On the night intervening 22nd and 23rd June, 1977, R.S. Tiwari (P.W. 6) received an information, on which he proceeded with Police force and Panch witnesses towards the forest, situated between Rahatwas and Hanwas villages. There, he found all the accused persons planning and preparing for committing a dacoity. On being challenged, three accused persons, namely, Mohansingh, Rajaramsingh and Gajendrasingh ran away from the place of the incident. Rest of the accused persons, namely, the appellants and one other, by name Phool Singh, were all apprehended. Two guns (Arts. A and B) and one sword (Art. C) were seized. The seven apprehended accused persons were taken to the Police Station, wherein, the first information report (Ex. P/1) was recorded by R.S. Tiwari (P.W. 6).