BASANT KUMAR BHARGAVA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This judgment passed by this Court shall govern the disposal of above mentioned Criminal Appeals, since both the appeals arise out of common impugned judgment.

(2.) These criminal appeals are preferred by the appellants being aggrieved by the judgment and order of sentence dated 8/8/1996 passed by the Sessions Judge, Panna in ST No.64/1991, whereby the appellants were convicted for commission of offence punishable under Sections 459 and 307/34 of IPC. The appellants Basant Kumar Bhargava and Haleem Bakhs were sentenced for seven years' rigorous imprisonment with fine of Rs.2,000/- for each count and six months' rigorous imprisonment was directed for each default of payment of fine, whereas the appellant Munni @ Nunni was sentenced for five years' rigorous imprisonment with fine of Rs.500/- for each count and two months' rigorous imprisonment was also directed for each default of payment of fine.

(3.) The prosecution's case, in short, is that in the night of 7 th and 8 th March, 1991 the victim Shanta Devi (PW-2) was sleeping in her house along with her daughter Manjulata (PW-3) and Meena. Elder daughter Meena was sleeping in another room whereas Shanta Devi and Manjulata were sleeping in the same room. At about 3:00 AM in the night the appellants broke the common wall of the house and entered into the house. The appellant Basant had a baka, appellant Munni @ Nunni had a gupti and appellant Haleem had a knife. Initially they assaulted the victim Meena. On hearing the noise, Shanta Devi tried to rush to the room of the victim Meena, but in the meantime the appellants held her and assaulted her by various weapons. Manjulata tried to save her mother, but ultimately she was also assaulted by the appellants. One neighbour Santosh (PW-4), who was studying in his room, heard the noise, and therefore he came to the spot along with his brother Purshottam and mother Gyanwati (PW-6). After looking them, the appellants ran away. Santosh and Purshottam took the victims in a jeep to the Outpost Kakarhati of Police Station Kotwali, Panna where the complainant Shanta Devi lodged an FIR Ex.P-2. All the victims were sent for their medical legal examination.