KALLU ALIAS RAMKUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This judgment shall dispose of Criminal Appeal Ns. 55 of 1987 (Kallu alias Ramkumar v. State of Madhya Pradesh) and 98 of 1987 (Gabbar alias Goverdhan and three others v. State of Madhya Pradesh). Both these appeals are directed against the judgment and order dated 7-1-1987 of Sessions Judge, Seoni, passed in Sessions Trial No. 49 of 1986, whereby all the accused persons have been convicted u/ S. 397 and 395 of the IPC and sentenced to rigorous imprisonment for seven years and four years, respectively.

(2.) The brief history of the case is that, on the date of incident, i.e., on 7-2-1986, the bus of New Public Transport, bearing No. MBJ 8586, driven by Hamid Khan (P.W. 3), was proceeding towards Lakhnadon. It started at about 5-30 P.M. from Seoni. Mohammad Rayees (P. W. 1) was the conductor of the bus. It reached village Kudari at about 8-30 p.m. and, thereafter, proceeded towards Lakhnadon. It was stopped by nearly seven miscreants. They were all armed with deadly weapons, i.e., dagger and knife. The bus was stopped at the point of dagger. They looted nearly Rs. 604/- from the conductor and some passengers were also relieved of some of their valuables. After collecting the money and valuables as such, they made good their escape. The matter was reported by Mohammad Rayees (P.W. 1) at about 9-30 p.m. at police-station Dhanora. Crime No. 4/86 was registered thereafter. During investigation, all these accused persons were apprehended. Mohammad Rayees (P.W. 1) was medically examined. He had two wounds on his body. The map of the incident was prepared. Rs. 604/- and oneknife was seized from accused Kallu alias Ramkumar, vide seizure-memo (Ex. P. 9), on 8-2-1986, at about 7-00 P.M. by Sub-Inspector J. L. Athya (P.W. 13). Rs.98/- and one knife was seized from accused Gabbar alias Goverdhan, on 8-2-1986, vide Ex. P-10. Rs. 15/- and one knife was seized from accused Chhotu alias Dayaram, on 8-2-1986, vide seizure-memo (Ex. P- 11). Rs. 87/- and one knife was seized from accused Barelal on 8-2-1986, vide Ex. P-12. One jerkin and one full-pant was seized from accused Chhotu alias Dayaram on 8-2-1986, vide Ex. P-13. One white shirt and one full-pant was seized from accused Barelal on 8-2- 1986, vide Ex. P-16. One full-pant and one white shirt was seized from accused Kallu alias Ramkumar, on 8-2-1986, vide Ex. P-14. Similarly, one white shirt and one full-pant was seized from accused Gabbar alias Goverdhan, vide Ex.P-15, on 8-2-1986. All these five accused-appellants and two other persons, viz., Malot and Ramnath, were put up for identification. The driver, conductor and passengers of the bus were examined. Thereafter, a challan against these five accused persons and accused Malot and Gudda alias Ramnath was filed in the Court of Judicial Magistrate First Class, Lakhnadon, who, in turn, committed the case to the Court of Session. During trial, accused Malot and Gudda alias Ramnath were discharged and charges under the aforesaid Sections were framed against these accused persons.

(3.) Accused persons abjured the guilt and pleaded that they have been falsely implicated. They examined D.W. 1 Kishanlal Agarwal, D.W. 2 Vijay and D.W. 3 Rajaram in support of their defence. After trial, learned Sessions Judge has convicted and sentenced accused persons as above. Hence, this appeal.