ASHOK KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS judgment shall govern the disposal of above mentioned criminal appeals since the impugned judgment in both the appeal is a common judgment.

(2.) THE appellants have preferred this appeal against the judgment dated 31.1.1997 passed by the 2 nd Additional Sessions Judge, Katni in S.T. No.268/88, whereby the appellants were convicted for the offence punishable under Section 394 of IPC and sentenced for five years' R.I. with fine of Rs.500.00. In default of payment of fine, each of them to undergo for six months' R.I. in addition.

(3.) IN December, 1987 some culprits were arrested. All the appellants gave their memos under Section 27 of the Evidence Act and one HMT watch was seized from the appellant Ashok Kumar. Similarly, a watch of Reco company was also seized from the appellant Birendra @ Pappu. The appellant Pyarelal informed that he gave some silver ornaments to one Ramsevak and piece of 1/2 Kg silver was seized from Ramsevak. Both the watches were shown to the victims by Mathura Prasad before the witnesses and they identified the same. Similarly, a test identification parade was arranged against the accused persons namely Pyarelal, Ashok Kumar, Birendra @ Pappu and Ramlal. The victims Jagdish Prasad, Narad, Rambai and Chandrashekhar identified the culprits. After due investigation, a charge sheet was filed before the A.C.J.M. Katni, who committed the case to the Sessions Court, Jabalpur and ultimately, it was transferred to the 2nd Additional Sessions Judge, Katni.