LAWS(MPH)-1995-1-131

MOIN Vs. STATE OF M.P.

Decided On January 23, 1995
MOIN Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) THE appellant alongwith four others were prosecuted for the offence under section 395 of the Indian Penal Code read with section 11/13 of the Madhya Pradesh Dakaiti aur Vyapharan Prabhavit Kshetra Adhiniyam, 1981 before the Special Judge, Damoh in Special Case No. 5/84 on the allegation of committing train dacoity in 506 Katni Bina Passenger, bogey No. 3975 in the intervening night of 16 -17th May 1983 and he was convicted thereunder and sentenced to undergo R.I. for five years while other co -accused persons were acquitted.

(2.) ON a report lodged by Guruwachan Singh (PW -20), a victim co -passenger of ill -fated Bogey, FIR (Ex. P -9) was drawn up at the CRP Sagar and investigated proceeded. On the memorandum of the appellant a HMT wrist watch was recovered from the possession of Badri Prasad (PW -10) on 30.5.83, vide Ex. P -9 which was identified in test identification parade by Gurucharan Khatri (PW -4), brother of Ashok Khatri (PW -22) who claimed that the watch belonged to him. The appellant was identified by Murlidhar (PW -19) while he was getting down from the train at Ganeshganj railway station. The learned trial Court relying upon the testimony of Badri Prasad.(PW -10), Ashok Khatri (PW -22) and Murlidhar (PW -19) convicted and sentenced the appellant in the manner mentioned aforesaid.

(3.) AS regards the identification by Murlidhar (PW -19) it is not possible to identify the passenger getting down the train in the tiny light by a person standing at a railways plateform. Shri R.K. Khare, Govt. Advocate, on the other hand, has contended that Ashok Khatri (PW -22) deposed that the watch belonged to him.