MAINUL SHEIKH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This judgment shall govern disposal of this appeal as well as Cr.A. Nos. 1295/2002, (Samser All v. State), 1937/2002, Samsul Haq v. State and 1320/2002, Mohimuddin v. State.

(2.) All the aforesaid appeals under Section 374 (2) of the Code of Criminal Procedure, 1973 are directed against the common judgment and order dated 8-8-2002, passed by IVth Additional Sessions Judge (Fast Track Court), Satna in S.T. No. 48/98, whereby appellants have been convicted for offence punishable under Section 395 read with Section 397 IPC and sentenced to R.I. for 10 years each and fine of Rs. 1,000.00 each, in default whereof, further R.I. for three months each. BW/EW/Mp247/2004/GSD-RK/RTT/4150/2005

(3.) Prosecution case as portrayed during the trial is that on 5-12-1997, Bus No. MP 07-F-0541 of M.P. State Road Corporation was going from Allahabad to Nagpur. Kaml a Nath (PW-4) was the driver and Shivnath Singh (PW-5) was the conductor. When the bus reached near village Nadan, appellant Abul Sheikh and other miscreants reached near the driver and on the point of country made pistol, asked him to move slow. All the appellants were sitting in the bus. On the point of country made pistols and knives, the appellants looted different articles and cash from the passengers of the bus. They also looted Rs. 8,653, bills of diesel, receipt of toll tax, receipt of Nagar Palika and duly pass were snatched from the conductor. When Shiv Shankar Kol (PW-6), Jail warden tried to protest, he was assaulted by the appellants near village Bhenda. The accused persons asked the driver of the vehicle to stop the bus. The appellants got off the bus. The driver of the bus took the same to police station, Maihar where the conductor lodged FIR Ex.P-3.