CHARANDAS Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS criminal appeal is preferred by the appellant Charandas being aggrieved by the judgment dated 5/8/1997 passed by the Sessions Judge, Raisen in ST No. 98/1987 by which the appellant was convicted for commission of offence punishable under Sections 399 and 402 of IPC and sentenced for two years rigorous imprisonment for each count. The prosecution's case, in short, is that on 6.12.1983 an information was received to SHO Police Station Sanchi Shri S.S. Sikarwar that some culprits were gathered near the railway line of Railway Station Sanchi to commit a dacoity. Shri Sikarwar gathered the witnesses Phool Chand and Subhash Chand and with a huge police force he went to the spot. He found five to seven persons at the spot who were talking about the planning to commit dacoity in the house of one Patel residing at Village Madwai. All such persons were arrested and various weapons were seized from those persons. One stick was seized from the appellant Charandas. After completing the procedure of investigation, a charge sheet was filed before the Chief Judicial Magistrate, Raisen, who committed the case to the Sessions Court. Initially the appellant Charandas was absconding, and therefore the charge sheet was filed in his absence. Thereafter a supplementary challan was filed against the appellant and one Kishan Singh.

(2.) THE appellant -accused abjured his guilt. He did not take any specific plea, but has stated that he was falsely implicated in the matter.

(3.) SINCE the appellant Kishan Singh has expired during the pendency of this appeal, therefore his appeal was dismissed being abated, but it was found that the appellant Charandas was not available on the given address and he was missing since long. The present appeal is an old appeal, and therefore amicus -curie was appointed on behalf of the appellant No. 2 to argue the matter.