SHASHI KUMAR GUPTA Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS Judgment shall dispose of the two criminal appeals Nos. 185 of 1985 and 189 of 1985 preferred against the common order of conviction and sentence passed by Special Judge, Morena, in Special Case No. 190 of 1983 dated 23.9.85, thereby three persons were convicted including the two appellants. Appellant Shashikumar has been convicted and sentenced under sections 384 and 377 read with section 114 IPC to two years' R.I. for each of the offences and appellant Koksingh under sections 384 and 120 B IPC to two years' R.I. The third co - accused Onkar was convicted under section 365 IPC read with section 11 and 13 of the Madhya Pradesh Daketi and Vyapaharan Prabhavit Kshetra Adhiniyam (for short 'the Adhiniyam) and sentenced to three years' R.I. and under section 377 IPC to four years' R.I. He was further convicted and sentenced under section 387 IPC read with section 11 and 13 of the Adhiniyam to four years' R.I. and for an offence under section 384 IPC to three years' R.I. Criminal Appeal No. 197 of 1985 preferred by Onkar against the impugned order, was decided on 9 -12 -86 to have abated as the appellant died during the pendency of the appeal.

(2.) THE facts giving rise to these appeals are that according to the prosecution, on 29.5.83, at about 3.00 p.m. complainant Brijmohan (P.W.1) was sitting at Navbharat Transport Co., in the town of Morena along with one labour, conductor and a businessman from Gwalior named Matadin who had come by car. When Matadin went to his car for going to Gwalior, it is stated that co -accused Onkar who was running a Pan -shop in front of the transport company also came to the car and abused Matadin. When Brijmohan went to the car to intervene, accused Onkar asked him to go to his shop. Thereafter it is stated that appellant Onkar came to the shop of Brijmohan. He had handgranades in his hand. On entering the shop, he gave slaps to complainant Brijmohan and conductor Rajesh and un:der the threat of handgranades, asked Brijmohan to accompany him. Onkar himself called a rickshaw and carried Brijmohan to his room in Ganeshpura.

(3.) IT is stated that in the meantime on receiving the letter addressed to Munim Jagdish by Brijmohan, wife of Brijmohan along with his sister went to P. W. 3 Madanlal and narrated the incident of Brijmohan having been carried by Onkar, a report Ex. P/l was lodged by Madanlal Gupta (P.W. 3) at P.S. Morena, but the letter written by Brijmohan was not seized by the police at that time and the police started investigation. By then Brijmohan had returned home and from home he went to his transport company where police recorded his statement and registered the offence.