MUKUNDI GADARIYA Vs. STATE OF M.P.

JUDGEMENT

(1.) The applicants were convicted for the offence punishable under section 386 of IPC vide judgment dated 4.3.1999 passed by the JMFC, Tikamgarh (Smt.Renuka Kanchan) in criminal case No.61/1998 and each sentenced for 3 years' rigorous imprisonment with fine of Rs.5,000/-.

(2.) The prosecution's case, in short, is that, the complainant Jamuna Prasad (P.W.1) had lodged an FIR, Ex.P/1 to the S.P., Tikamgarh that the deceased Barelal was his grandfather. The applicants Mithaiya and Mukundi were the members of the gang constituted by the Dacoit Jagbhan Singh. On 8.1.1996, the applicant Mithaiya, after assaulting the victims Ram Singh (P.W.3) and Jhallu (P.W.2) by firing from a gun, absconded and joined the band of Dacoit Jagbhan Singh. Thereafter, he was pressuring the grandfather of the complainant to execute the sale deed of a particular land in favour of his relatives. After sometime, the applicants abducted the victims Raghuveer (P.W.6) and Govind Singh (P.W.5) and the deceased Barelal was pressurized to execute the sale deed and therefore, a sale deed, Ex.P/5 was executed. Due to fear of the applicants and their band, the complainant could not lodge an FIR.

(3.) The applicants abjured their guilt. They took a plea that there was a dispute of land between the parties from very beginning and thereafter, the deceased Barelal executed the sale deed, after taking the sale amount. The sale deed was executed in the favour of Tuda and Mukundi alongwith three brothers of Mukundi. In defence, Ram Prasad (D.W.1) was examined, who was the witness to the sale deed.