NAYASING Vs. STATE OF M P

JUDGEMENT

(1.) The accused appellants Nyasingh and Subhan have preferred Criminal Appeal No. 718/87 and appellants Dayasingh and Jogada have preferred Criminal Appeal No. 6571 87, against their convictions and sentences. As they arise out of the same judgment, they are being heard and decided by this judgment.

(2.) The appellants were charged under SC. 394 and 450 of the Indian Penal Code. The trial Court has convicted them under both the charges and sentenced them to five years rigorous imprisonment each in each of the offences. Both the sentences to run concurrently. It is against this conviction and sentences that this appeal has been preferred by the accused-appellants.

(3.) The prosecution case is that during the night between 3rd and 4th August, 1986, the accused persons entered the house of the complainant Sardar in village Ziran with bows arrows, and sticks etc. and injuring the inmates of the house of Sardar, Kulu, Sukli, Sawali, Reta, Mesari and Ranti took away silver ornaments and house-hold goods worth Rs. 2200/-. On report being lodged and on investigation, recovery of the goods taken away by the accused persons was made from them. After the trial, the accused persons were held guilty and convicted and sentenced as aforesaid.