RAJVIR SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The two appellants challenge their convictions under Section 393 read with Section 398, I.P.C. for attempting to commit robbery when armed with deadly weapons, under Section 307, I.P.C. for attempting to commit murder and under Section 324, I.P.C. for voluntarily causing hurt by dangerous weapons and sentences of R.I. for 7 years, R.I. for 5 years and a fine of Rs.700/-, in default to further R.I. for 6 months and R.I. for 2 years and fine of Rs. 350/, in default to further R.I. for 3 months, inflicted for the said offences respectively by judgment dated 25.8.1986 in S.T. No. 79185 by Sessions Judge Hoshangabad.

(2.) The prosecution story briefly stated was that two miscreants entered into the hut of one Imratlal (P.W. 1), situated in village Raipur Nagda, Police Station Hoshangabad on the night intervening 5th and 6th March 1985. Imratlal was aroused by those miscreants who were respectively armed with a sword and a knife. They demanded Imratlal to produce box of valuables. Imratlals daughter Sulochanabai was aroused on hearing the noise of the incident and she tried to raise outcries. One of the miscreants silenced her by placing knife against her body. Imratlal was allowed to go out of his house by the miscreants because he made a pretext to them that he would bring the box from outside. As soon as Imratlal got out of his house, he raised outcries attracting to the scene a number of persons, including Bishram (P.W. 3) and Likhiram (P.W. 4), his neighbours and Ram Mohan (P.W. 9). his son, who was sleeping in the very house of the incident. The miscreants then inflicted injuries on Bishram and Likhiram. Imratlal was also injured when he had earlier tried to catch the sword of a miscreant. The miscreants were forced to run away and could not loot any property. The accused/appellants were apprehended by the police and were put up for identification in a test parade held on 7.3.1985 when they were identified as the miscreants who had committed the incident.

(3.) The learned Sessions judge after trial held the prosecution story to be established and held the accused/appellants guilty of the offences of attempting to commit robbery while armed with deadly weapons at the house of Imratlal (P.W. 1), attempting to commit murder of Bishram (P.W. 3) and causing hurt by dangerous weapons to Likhiram (P.W. 4) and Imratlal (P.W. 1). On the basis of these offences the accused/appellants were convicted and sentenced by the Sessions Judge as already set out in detail in the opening paragraph of this judgment.