GOPE SINGH @ GOPE Vs. STATE OF M P

JUDGEMENT

(1.) Both the criminal appeals arise from a common judgment of a common trial, therefore instant criminal appeals are decided by the present judgment.

(2.) The appellants have preferred the aforesaid appeals being aggrieved with the judgment dated 30.4.1997 passed by the third Additional Sessions Judge, Sagar camp at Rehli in ST No.149/1991 whereby each of the appellant has been convicted of offence under Section 395 of IPC and sentenced to five years' RI with fine of Rs.2000/-, in default of payment of fine, additional imprisonment for one year.

(3.) The prosecution's case, in short, is that the complainant Lilawati (PW-2) was resident of Village Kheri (Police Station Garhakota District Sagar). She was residing in her house along with her daughter Kiran (PW-11), her nephew Bhagwat Singh (PW-3) and Laxmirani (PW-6), wife of Bhagwat Singh. Triveni Bai (PW-1), sister of witness Bhagwat Singh was also residing in Lilawati's house as a guest at the time of incident. In the night of 7/8.4.1989 at about 4:00 AM some culprits entered into the house of Lilawati. Four of them surrounded the victim Triveni Bai (PW-1) and robbed of her silver payal and silver kamarbandh. They also took her ornaments from her box kept in the room. Witnesses Lilawati, Bhagwat Singh etc. had tried to save Triveni Bai, but their rooms were also closed from outside, and therefore they could not help. On the other hand they left the house from backside to save themselves and thereafter the culprits robbed the ornaments of Laxmirani as well as Lilawati kept in the boxes in their respective rooms. Lilawati (PW-2) had lodged a written report (FIR) Ex.P-1 at Police Station Garhakota on 8.4.1989. The case was registered on 23.6.1989. Accused Hari Singh, Kalyan Singh, Gope Singh, Pancham and Rajendra Singh were arrested and on getting their memo under Section 27 of the Evidence Act, some of the silver ornaments were recovered from them. The test identification parade was also arranged on 5.8.1989 in which witnesses had identified the appellants and other accused persons. Thereafter other accused persons were arrested from time to time and recovery was made from them. Their test identification parade was also arranged. After due investigation a charge sheet was filed before the concerned Magistrate and the case was committed to the Court of Sessions, and ultimately it was transferred to the third Additional Sessions Judge, Sagar.