BEDARIA Vs. STATE OF M P

JUDGEMENT

(1.) This revision has been preferred against the judgment and order dated 21st September, 1988 passed by JInd Additional Sessions Judge of Morena, whereby the appeal of the petitioners was dismissed maintaining their conviction u/Sections 457 & 380 IPC and their sentence of two years R.I. each on both counts. The two sentences were directed to run consecutively.

(2.) The facts of the case are that a theft had occurred in the night between 617th of May, 1976 in the house of one Bhawar Singh, PW 1. The ladies of the house were sleeping on the roof. It was known in the morning that a theft had taken place in the house. A report was lodged. The matter was investigated. On 27th May, 1976, one of the accused namely Bedaria was arrested from whose possession, one Mouser gun and other articles were recovered and recovery memos Exs. P.13 and P. 14 were proved on record. Similarly, on 16th June, 1976, other co-accused Raghunath (since dead) was arrested and some articles like ornaments, cash etc. were recovered from his possession vide recovery memos Exs. P. 9, P. iO & P.11 which were proved on record. On 11th of July, 1976 accused/petitioner Kailashi was also arrested and cash, ornaments were recovered from his possession. Recovery Memos Exs. P.6, P.7 and P.8 were proved on record.

(3.) The petitioners were prosecuted. The Trial Court had recorded the statements of PW 1 Bhawar Singh, PW 5 Hanslal, PW3 Kamla DeYland PW 2 Pushpadevi, the wife of the complainant Bhawar Singh. They have proved the factum of theft which has occurred in their house. The recovery memos were also proved and the Investigating Officer PW 11 R.S. Tripathi was also examined who had proved the relevant documents on record. The Trial Court after believing the evidence found that charges u/Sections 457 and 380 of IPC were proved on record and the petitioners were convicted as aforesaid. Against that order, an appeal was preferred which has been dismissed.