BADE ALIAS GULAI Vs. STATE OF M P

JUDGEMENT

(1.) Special Judge Chhatarpur, in Sessions Trial No. 63 of 1982, convicted these appellants for offences under Sections 450 and 395 Indian Penal Code. Each of them has been sentenced under Section 450 Indian Penal Code to rigorous imprisonment for three years and under section 395 Indian Penal Code to rigorous imprisonment for seven years. Both the sentences have been ordered to run concurrently. The remaining accused have been acquitted. The two namely Bade alias Gulai alias Moolchandra and Bhagwandin alias Bhagwandin who have been convicted and sentenced have preferred this appeal.

(2.) The accused persons were charged for offences of conspiracy, murder and dacoity etc. The offences are alleged to have been committed in the night intervening 21st and 22nd April 1981 in village Manpura, Police Station Satai.

(3.) The prosecution case briefly stated is that the seven accused armed with gun, KATTAS etc, in the night intervening 21st and 22nd April 1981 reached to the KHALIYAN of Gorelal (P.W. 1) in village Manpura. Gorelal was sleeping in his KHALIYAN, Gorelal at the point of gun was asked to accompany them and get the doors of rich person in the village opened. Gorelal told them that the villagers are poor persons. However, the hands of Gore Lal were tied down and he was even assaulted. Gorelal was then taken to his house in the village. Gorelal got the door of his house opened. Then the culprits collected the ornaments, utensils etc. The culprits, however, were not satisfied. One of the culprits suggested that Gorelal should be finished at which one of the culprits fired at Gorelal, but Gorelal lay flat on the ground with the result that one of the culprits was injured as a result of the firing. The said culprit fell down. These culprits, having realised that one of their associates had been injured, as a result of the shot, Ian away leaving the injured, along with the ornaments etc. In the meantime some persons from the village came there. On being asked, the injured who as alleged had come along with the culprits, gave out his name to be Jaswant Singh alias Munna sb Ramnarayan Singh, resident of Jyoraha. He also started that he was a Home Guard Sainik No. 155 in Section BT. He also stated that Kali and Ladle have deceived him and that they had came by a jeep up to Chouka. He had also expressed that the Sub-Inspector be called so that he would be able to narrate the long story to him. He, however, expired at about 9.00 A.M. before the Police Officer reached there.