KISHAN AND ANOTHER Vs. STATE OF M P

JUDGEMENT

(1.) The appellants have preferred this appeal against the judgment dated 24.7.1996 passed by learned First Additional Sessions Judge, Khurai, District Sagar in S.T.No.361/1995, whereby the appellants were convicted for offence punishable under sections 436, 506 (B) of IPC and each sentenced for four years' rigorous imprisonment with fine of Rs.100/- and one year's rigorous imprisonment. In default of payment of fine, each of them was to undergo for one month's rigorous imprisonment in addition.

(2.) Prosecution's case, in short, is that, in between the night of 14 th and 15 th September, 1995, the complainant Durgabai (P.W.1) was sleeping in his Tapra at village Bandri, Criminal Appeal No.2079 of 1996 Tahsil Khurai, District Sagar. At about 1 a.m. in the night, the appellants went in front of her house and started abusing. They also set the Tapra on fire. After hearing the abuses, the complainant woke up and saw that the appellant Kishan was standing in front of her house having a gun and the appellant Mukesh was also standing. The appellant Kishan showed his gun to the complainant and threatened that if she shouts, she would be killed. However, after hearing the noise, Leeladhar (P.W.2), brother of the complainant, Rajrani, mother of the complainant came to the spot and the witness Leeladhar, Vinod and Annu poured some water on the burning hut and thereafter, fire was extinguished. However, damage was caused to the hut of the complainant. Her bedding was also burnt. The complainant went to the Police Station Bandri along with her mother in the same night. FIR, Ex.P/1 was lodged within half an hour of the incident. On the next day, investigation officer Sub Inspector Shri A.K.Pandey (P.W.4) went to the spot and prepared a memo of damage. Thereafter, he seized a stick from the appellant Kishan. Both the appellants were arrested. In search of their houses, no gun could be recovered. After due investigation, a charge-sheet was filed before JMFC, Khurai, who committed the case to the Sessions Court, Sagar and ultimately, it was transferred to Additional Sessions Judge, Khurai.

(3.) The appellants abjured their guilt. They did not take any specific plea in the case but, they have stated that they were falsely implicated in the matter. However, no defence evidence was adduced from the side of the appellants.