DALLU Vs. STATE OF M.P.

JUDGEMENT

(1.) THE present appeal is against the judgment and order of conviction passed by the Sessions Judge, Damoh on 30th April, 1993 in S. T. No. 83/92 convicting the appellant No. 1 under section 394 read with section 397 of the Indian Penal Code and sentencing him to suffer R.I. for 7 years and appellant No. 2 under section 394 of the Indian Penal Code and sentencing him to suffer R.I. for 3 years.

(2.) THE submission of the learned counsel for the appellants is that no offence under section 394 read with S. 397, I.P.C. against the appellant No. 1 is made out and so far as the appellant No. 2 is concerned, he has not done any overt -act in the offence said to have been committed by the appellant No. 1 except that he asked the complainant as to how he was standing there. According to learned counsel at the most an offence under section 323, I.P.C. is made out against the appellant No. 1 only. Story of looting notes from complainant Chittar Singh (P.W. 1) is false and exaggerated one.

(3.) ACCORDING to complainant Chittar Singh in the report lodged by him Ex. P/1 details of currency notes have not been given by him. Even in cross -examination in Court he has not given description of the currency notes. Therefore, the story that some money was snatched from him by the appellants cannot be believed on his testimony. Sitaram (P.W. 4), who is the eye -witness, has not supported him and he has been declared hostile. The report of the alleged incident was lodged after 8 hours. The incident took place at about 6.00 P.M. whereas the report was lodged at 22.30 P.M. May be that there was sufficient time to the complainant to exaggerate the story. This is apparent from the fact that in his statement he says that he was attacked by knife by appellant No. 1 Dallu whereas according to Dr. Abhay Kumar Jain (P.W. 3) there were no knife injuries on the person of complainant Chittar Singh except the simple injury caused by hard arid blunt object. The injury report is Ex. P/2.