NARENDRA Vs. STATE OF M.P.

JUDGEMENT

(1.) All the three appeals i.e. Criminal Appeal No.168/2007 [Narendra @ Chunna Kirar and other Vs. State of M.P.] Criminal Appeal No.266/2007 [Chandu Vs. State of M.P.] & Criminal Appeal No.430/2007 [Ballu @ Jamunaprasad Vs. State of M.P.] arise out of one common judgment and therefore they are hereby collectively decided by the present common judgment.

(2.) The appellants have preferred the present appeals being aggrieved by the judgment dated 24.01.2007 passed by the Special Judge [under Madhya Pradesh Dakaiti Vyapaharan Prabhavit Kshetra Adhiniyam] and XI Additional Sessions Judge (Fast Track) Gwalior (M.P.) in SST No.25/2006 whereby each of the appellants has been convicted of offence under Section 396 IPC and Section 397 of IPC read with Section 13 of the Madhya Pradesh Dakaiti Vyapaharan Prabhavit Kshetra Adhiniyam (for brevity "the MPDVPK Act") and sentenced to life imprisonment and a fine of Rs.1,000/ -. No separate conviction or sentence was passed for the offence under Section 302 of IPC whereas 10 years' RI was also recorded for offence under Section 397 of IPC.

(3.) Facts of the case, in short, are that on 06.06.2004 at about Criminal Appeal No.266/2007 Chandu Vs. State of M.P. & Criminal Appeal No.430/2007 Ballu @ Jamunaprasad Vs. State of M.P. 3 pm, the complainant Ramgopal @ Gopal Prasad Sharma (PW - 2) was at his shop situated near old bus stand at township of Bhitarwar, District Gwalior. At about 3 pm, his daughter Ranjana @ Lakshmi (PW -1) had telephoned to her friend that some culprits entered in their house and they were committing robbery. Ramgopal @ Gopal Prasad Sharma (PW -2) along with his son Manoj Sharma (PW -3) immediately rushed to his house and found that the appellants Narendra @ Chunna Kirar, Monu @ Haribabu and Chandu were inside the house of the complainant and they were beating the deceased Shakuntala, wife of the complainant Ramgopal @ Gopal Prasad Sharma (PW -2). Thereafter, they gave blows of Baka (Dagger). After hearing the noise of crowd gathered in front of the house of the complainant Ramgopal @ Gopal Prasad Sharma (PW -2) all the culprits went to the first floor and thereafter jumped outside the house. However, the appellant Ballu @ Jamuna Prasad who had already come out of the house along with a box was held by the crowd and was handed over to the police. The sub -inspector Rajeev Kumar Gupta (PW -14) also visited the spot and sent the complainant Ramgopal @ Gopal Prasad Sharma (PW -2) to the police station where he had lodged the FIR Ex.P -2. Initially, the case was registered for the offence under Section 393 and 302 of IPC. Sub -inspector Rajeev Kumar Gupta (PW -14) also seized 4 the Katta [hand -made pistol] of 0.315 bore and three live cartridges form the appellant Ballu @ Jamuna Prasad.