SHANKERLAL Vs. STATE OF MADHYA PARADESH

JUDGEMENT

(1.) This Judgment shall also govern the disposal of Criminal Appeal No. 844 of 1982 (Anand Babu Gupta v. The State of M.P.) and 1051 of 1982 (Ramashraya alias Thakur sb Narayan Passi v. The State of M.P.), respectively.

(2.) In Sessions Trial No. 81 of 1981, Second Additional Sessions Judge, Rewa, by his judgment dated 9/6/1982 acquitted three accused and convicted the other three, namely, Ramashraya, Anand Babu and Shankerlal for an offence ender Section 395 of the Indian Penal Code. After hearing them on the question of sentence, he sentenced each one of them to rigorous imprisonment for four years. Against that conviction and sentence these three who have been convicted, have preferred separate appeals.

(3.) The prosecution case briefly stated is that in the night intervening 20th and 21st May 1981 Gulam Rasul (P. W. 1), his wife Khalikun Bi (P W. 2) and daughter Fatima (P.W. 4) were sleeping in the ANGAN of their house in village Chora, police station Sohagi. Gulam Rasul's servant Masuriyadeen (P.W.3) was also sleeping there. It is said that at about 11.30 P.M. one of the culprits entered into the ANGAN from over the wall of Gulam Rasuls house. He then unchained the door from inside and thus the door was opened. Thereafter the other culprits also entered the house. At that time Khalikun Bi (P.W. 2) was awakened and on her shouting the other inmates also woke, up. The culprits surrounded Gulam Rasul and Khalikun Bi. One of them, at the point of pistol, asked Khalikun Bi to show the property. On her saying that the property was in the trunk, the culprits demanded the key which was handed over by Khalikun Bi. Then the culprits entered in that room and after opening the lock of the trunk took out 18 silver LACHCHHAS. Some of the culprits snatched the BANIYAN of Masuriyadeen which contained Rs. 50/- in a pocket. At that time some of the culprits had inflicted a knife blow on the hand of Masuriyadeen.