MOHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The two accused Mohan Sb Budhhu Gond and Ramautar 5/0 Tangu Pandi, have preferred this joint appeal from jail against the trial courts Judgment ill Sessions Trial No. 15 of 82 of Sessions court Ambikapur who has sentenced these two appellants-accused to three years RI., on each count under section 399 and 402 IPC along with some other co-accused persons with the direction for the concurrent running of these sentences.

(2.) Minj. Station Officer of the PS. Patna, on private information regarding some culprits making preparation for committing dacoity, surrounded the particular place near the temple and rounded up 11 culprits including the present two appellants- accused, from whose possession bows and arrows, tangiya and some fireworks were recovered and seized. All the 11 culprits were put up for trial and were convicted and sentenced to the extent as staled above. Nine out of 11, who had been convicted, had preferred criminal Appeal No. 46 of 84 in this Court who, vide its Judgment dated 6.7.84, had acquitted all the nine. The present two appellants-accused are found to have filed the appeal from jail much later.

(3.) The present appellants-accused also had taken similar pleas as the other who have been acquitted. These appellants- accused had also claimed that they had been falsely implicated. From the possession of the appellant Mohan, one Tangiya and 16 pieces of fireworks had been recovered and seized; whereas from the possession of other appellant Ramautar, one Tangiya and five pieces of fireworks had been seized. (Exs. P-2 and P-9). All prosecution evidence against the appellants- accused is found to be exactly same as is regarding to the other nine who have already been acquitted by this Court vide its Judgment dated 6.7.84. The case of the present appellants-accused being no different from the one of the other nine, who have already been acquitted, the same reasoning for acquittal as was adopted in this Courts decision dated 6.7.84, equally applies on all fours to the present appeal.