POORAN SINGH Vs. STATE OF M P

JUDGEMENT

(1.) The present appellant I along with two others, namely Kali Singh and Shaheed Ahmed alias Mirchu Sapera were tried for offences under Sections 392/397 I.P.C. Additional Sessions Judge, Ambikapur, by his judgment dated 28-2-1981, in Sessions Trial No. 128 of 1980 acquitted Kali Singh and Shaheed Ahmed, but convicted the appellant and sentenced him to R.I. for eight years. Aggrieved by that conviction and sentence, the appellant has preferred this appeal. A counsel had been provided to the appellant, who was heard.

(2.) Sakuntibal (PW. 3) is the wife of Nathuni Prasad (P.W. 1), Sonkunwar (P.W. 2) is the mother of Nathuni Prasad. These persons are residents of village Katora. P.S. Patna, Nathuni Prasad has a uensil shop and does agriculture also.

(3.) The prosecution story briefly stated is that in the morning of 17-6-1980 at about 9.00 A.M. acquitted accused Kali Singh and Saheed Ahmed had come to the house of Nathuni Prasad and asked him whether he would be willing to purchase BATUA (utensil). Nathuni Prasad told them that he would be able to offer the price after seeing the BATUA. Thereafter the two acquitted accused went away. In the same night at about 1.00 to 1.30 A.M. Nathuni Prasad on hearing some noise got up from the sleep. In the meantime one of the culprits who was holding a country made pistol reached and slapped Nathuni Prasad. Another culprit was holding a knife. On that threat, Nathuni Prasad was asked to lie down. Hearing the noise Sakuntibai (P.W. 3) who was sleeping in the adjoining room and Sonkunwar (P.W. 2) who was in the other adjoining room got up. In another room Nandlal a younger brother of Nathuni Prasad and his wife Premabai were also sleeping. In another PA-RCHHI Virendra Kumar and other two sons of Nathuni Prasad were also sleeping. The culprit holding the knife went into the room where Nandlal and his wife were sleeping and the culprit who was holding the country made pistol was on guard at Nathuni Prasad. One of the Culprits removed a gold chain which Sakuntibai was wearing. The culprit holding the pistol asked Sonkunwar to handover the ear gold tops and the keys.