GHANSRAM Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS judgment shall also govern the disposal of Criminal Appeal No. 1060 of 1980 (Siddu v. State of M.P.)

(2.) APPELLANTS Ghansram son of Imrat and Siddu son of Chammu Gond, both aged about 20 years and residents of village Chhinditola Mand, P. S. Bambni, District Mandla, have come up in separate appeals against their convictions under section 302 read with section 34 of the Indian Penal Code and under section 392 real with section 397 of the Indian Penal Code by the Additional Sessions Judge, Mandla for the alleged murder and robbery of the ornaments from deceased Baian Bai, an old woman, aged about 70 years at the time of her alleged murder. For the alleged murder, the appellants have been sentenced to undergo life imprisonment and for robbery, to rigorous imprisonment for seven years each. The sentences are to run concurrently.

(3.) IN course of the investigation, the silver Sutiya (Article -A) was recovered and seized from the possession of Goldsmith Virendra Kumar Soni (P.W. 9) on 21 -2 -80, in consequence of the information given by Ghansram under section 27 of the Evidence Act regarding the Sutiya having been sold by him to Virendra Kumar Soni (P. W. 9) on 19 -2 -80. The Register having the entry of sale was also seized at the same time. The gold Utama (Article -C) was seized from inside the house of accused -appellant Siddu, in consequence of the information given by him under section 27 of the 'Evidence Act. Besides the clothes and weapons alleged to be bloodstained were also seized from the possession of the appellants. Unfortunately the report of the Serologist was not received till the trial and as such there could be no confirmation that the bloodstains on these articles were human. It was also alleged that the appellants had been seen proceeding towards the place of incident, some time prior to the occurrence by Runna Bai (P.W. 15).