AMBA Vs. STATE OF M P

JUDGEMENT

(1.) ADDITIONAL Sessions Judge, Betul in Sessions Trial No. 67/90 vide impugned judgment dated 27-2-91 recording conviction of appellant under Section 402, IPC sentenced him to undergo R. I. for a period of 18 months and 21 days. Being aggrieved, appellant has preferred this appeal under Section 374 (2), Cr. PC.

(2.) S. H. Ali (P. W. 8), Incharge Police Station, Bhaisdehi on 10-8-89 received the information that 7-8 persons armed with weapons have assembled in a field on Betul Paratwara Road. On the basis of information, Incharge Police station Jhallar, Athner were directed to move towards Village Gudgaon. Sub inspector S. H. Ali along with staff also proceeded. At Village Gudgaon on betul- Paratwara road accused/appellant and others were hiding themselves in the field. On being asked to surrender, one of them fired from gun. Accused/appellant Amba and other associates Tulsiram, Phasakia, Bhagwan Das were apprehended. From appellant, a knife locally known as 'katar' was seized. It was revealed that appellant in association with others were preparing to commit dacoity at the house of one Maruti Kunbi of Village Chikhlapur. Accordingly, reading FIR (Exhibit P-8) offence under Section 399/402, IPC was registered. Completing the investigation, appellant and others were charge-sheeted. Appellant abjured the guilt. However, the Court below in S. T. No. 67/90 vide impugned judgment held that appellant was one of five or more persons assembled for the purpose of committing dacoity, as such, recording conviction under Section 402, IPC sentenced him to undergo R. I. for a period of 18 months and 21 days. Being aggrieved, appellant has preferred this appeal under Section 374 (2), Cr. PC.

(3.) SECTION 402, IPC reads as under :-