MUNNA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellants, being aggrieved, by the judgment dated 30-6-90 passed by IInd Additional Sessions Judge, Chhatarpur in Sessions Trial No. 195/87 convicting them under Section 412 of IPC with sentence to each of them for three years R.I. with fine of Rs. 1000/-, in default for further four months R. I., have preferred this appeal.

(2.) As per case of the prosecution the appellants along with some other accused lashed with rifle, Katta (country made pistol) and other implements with an intention to commit dacoity came to the village Kurela, and took some villagers in their custody. One Devideen, the husband of victim Jhhiggi Bai, was not present in the house. The appellant entered in her house where her daughter Mahesh, Ramesh and daughter-in-law Pushpa were also present. While her other son Ramesh was brought by appellants from his shop to get the doors opened conveniently. Soon after entering in the house, they started beating to said Jhhiggi Bai and other aforesaid members of her family, said Ramesh was tied and ableged by them. Resultantly, he sustained burn injuries. Thereafter they took away the ornaments including the utensils from the house of said Jhhiggi Bai and Devideen.

(3.) The incident was reported to Police, Rajnagar on which Police came into the village in the mid night of 25 and 26th of March 1987 while the offence under Sections 395, 397 IPC was registered at about 2.30 in the afternoon on dated 26-8-1987. The complainant Jhiggi Bai has also handed over the list of articles looted by the appellants and other accused. The victims were taken to hospital for their medical examination and treatment. Their MLC reports were prepared. On arresting the appellants and other accused on their information the looted ornaments and articles were recovered and seized. After holding investigation the appellants and other accused were charge-sheeted under Section 395, 397 of IPC and Section 25 of the Arms Act.