FOOL KHAN Vs. STATE OF M P

JUDGEMENT

(1.) Judicial Magistrate First/Class, Bijawar district, Chhatarpur by his judgment dated 17.12.1981 convicted the petitioner under Sections 342, 365 and 387 I.P.C. For these offences he was respectively sentenced to R.I. for six months and fine of Rs. 100/-, in default R.I. for one month, to two years R.I. and fine of Rs. 1,000/-, in default R.I. fOr four months and to three years R.I. and fine of Rs. 1,000/-, in default R.I. for four months. The substantive sentences were ordered to run concurrently. The petitioner preferred fn appeal. The Additional Sessions Judge, Chhatarpur in Criminal Appeal No. 94 of 1981 by his judgment dated 16.2.1983 dismissed that appeal and thus upheld the convictions and sentences. Aggrieved thereby the present revision has been filed. Fool Khan Vs. The State of M.P.

(2.) Kichua (P.W.9) then aged about 14 to 15 years is the son of Tulsiya (P. W. 11). Salla (P.W. 1) and most of the other witnesses including Kichua and Tulsiya are residents of village Sadwa. The petitioner also belongs to the same village.

(3.) The prosecution story briefly stated is that in the night intervening 14th and 15th December, 1978 Salla (P.W. 1) and Ramla (P.W.4) were sleeping in their khaliyan for keeping a watch on their crop. In the adjoining other khaliyan, Dayaram (P.W. 2), Kichua (P.W. 9) and Kharge (P.W. 10) were sleeping. According to Salla, (P.W. 1), the petitioner and four others came to his khaliyan and enquired about the way for the tank. On that pretext, they took him away from the khaliyan. Dayaram (P.W. 2) and Kichua were even beaten. These accused made a demand of Rs. 10,000/each from Salla (P.W. 1) and Dayaram (P.W.2). They further threatened them that in case the said amount is not received, Kichua would be killed. Dayaram and Salla were Jet off and time till 10 A.M. of the next day was given to them to pay the money. Kichua (P.W. 9) was, however, threatened by them.