BHADUA Vs. STATE OF M P

JUDGEMENT

(1.) This order shall also govern the disposal of Criminal Revision No. 680 of 1983 (Sunder and another v. State of M.P.)

(2.) These four accused were tried before Judicial Magistrate, First Class Jatara, Distt. Tikamgarh in Criminal Case No. 162 of 1976 for an offence under section, 392 Indian Penal Code. The trial Magistrate found them guilty for that offence and sentenced each of them to R.I. for two years and the of Rs. 500/-, in default three months R.I. Against that conviction and sentence all the four accused preferred Cr.A. No. 62 of 1981. That appeal has been dismissed by Sessions Judge; Tikamgarh on 5-9-1983. Against that the present the relations have been filed by these accused.

(3.) The prosecution story is that Rattu (P.W. 7), Thandu (P.W. 8) and Ramdas (P.W. 11) were going in a bullock cart in the night intervening 3rd and 4th March, 1976 from village Bombauri Kala to village Simna Khurd. The bullock-cart was being driven by, Thandu (P.W. 8) while Ramdas (P.W. 11) and Rattu (P.W. 7) were lying in it: When the bullock-cart reached near a culvert between villages Khargpura and Pratapnagar, these four applicants who were armed with sticks, axe and torch way laid them., The cart was first stopped and after talking with Thandu and others allowed it to go ahead. After some distance the miscreants again stopped the out lock cart and after threatening these occupants robbed them of the money which each had with him. They robbed Rattu (P.W. 7) of Rs. 118/-, (P.W. 5) Thandu of Rs. 7/- and Ramdas (P.W, 11) of Rs. 341/-. A woolen coat which RamdasT was wearing had also been taken away. This incident took place at about 4 a.m.