CHAND Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present appeal is directed against the judgement and order dated 10-3-1986 passed by IIIrd Additional Sessions Judge, Rewa in S.T. No. 105/84.

(2.) In the aforesaid sessions trial as many as 12 accused persons were sent for trial and their names are Shri Chand, Mullu alias Moolchand, Dulli, Daya Ram, Beni Madhav, Raghvendra, Brindra alias Brindawan, Chhotelal, Sushila, Ramgopal, Gulab Datt and Gaya Prasad. Out of 12 persons, accused Sushila and Gulab Datt were not tried as the charge sheet against them was quashed by this Court. Rest of the 10 accused persons were put to trial.

(3.) The occurrence as alleged was in respect of commission of a dacoity and accordingly aforesaid ten accused persons were charged under S. 395/397, I.P.C. According to the prosecution, the dacoity was committed in the house of Ashok Kumar (P.W. l) and the dacoits were alleged to have been equipped with deadly weapons, who in the process of committing dacoity caused injuries to Saroj Tiwari (P.W. 3) and Vensroop Prasad (P.W. 5). Accused Ram Gopal, Chhotelal, Gaya Prasad and Beni Madhav were also charged, in addition to the above offence, for offence under S. 25(a) of the Arms Act. The said occurrence took place in the intervening night of 4th and 5th April, 1984 at the dead of night i.e. at 1.30 a.m. in Chorgadi at the time when Ashok Kumar (P.W. 1) and the other family inmates were sleeping in the house. The dacoits are alleged to have scaladed down in the house from the roof where at the inmates of the house got awakened and saw the persons armed with deadly weapons. The First Information Report of the alleged incident was lodged at P. S. Chorgadi at 5.20 a.m. by Ashok Kumar (P.W. 1).