RAJUNATH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) IN this case the appellants have been convicted for an offence under Section 395 IPC read with Section 397 and 398 of IPC and have been sentenced to undergo R.I. for 14 years besides payment of fine of Rs.1000/ -. For the offence under Section 459 IPC they have been directed to undergo R.I. for 10 years besides payment of fine of Rs.1000/ - and in default of payment of fine to further undergo R.I. for 6 months each with benefit of running of sentence together under Section 428 of IPC has been granted to the appellants.

(2.) IN brief the case of the prosecution reads as under: - .........[vernacular ommited text]...........

(3.) LEARNED counsel for the appellants has questioned the merits of the conviction as also the sentence awarded. It is submitted that the appellants had already undergone R.I. for 9 years. On the basis of the case as set out in the judgment in paragraph 3 it is submitted that at the most it was the case of prosecution that there were only 4 persons whereas the prosecution has prosecuted 18 persons out of which 5 were absconding. The FIR of this case was registered at the instance of Kailashbai, complainant who is the FIR maker which is based upon Dehati Nalishi Ex.P -65. In the Dehati Nalishi there were only 4 persons mentioned as assailants/robbers. The Dehati Nalishi for the sake of reference is reproduced as under: - .........[vernacular ommited text]...........