ASHOK Vs. STATE OF M.P.

JUDGEMENT

(1.) SEVEN accused persons have been convicted under sections 395 and 397 IPC and duly sentenced of them, 4th accused has filed this appeal and seeks suspension of sentence imposed upon him. The application is opposed by learned Additional Advocate General.

(2.) There was a dacoity in the house of P.W. 8 on the night of 30.9.1986 by a group of persons who beat P.W. 8 and his wife, P.W. 1 and took away valuable gold ornaments from the house. Within a few hours P.W. 8 went to the police -station and lodged First Information Report on the basis of which a case was registered. Appellant and certain others were arrested on 8.10.1986. T.I.P. was conducted on 13.10.1986, in which P.W. 1, P.W. 8 and their daughter, P.W. 18 identified few accused persons including the appellant. In the Sessions Court these witnesses purported to have identified the accused -appellant and other accused. Sessions Court accepted their evidence as reliable. Learned counsel for the appellant submits as follows: -