JAMNA Vs. STATE OF M P

JUDGEMENT

(1.) This judgment shall also govern the disposal of Criminal Appeal No. 530 of 1984 (Nanhu v. State of M.P.), which arises out of the same judgment and involves common question of fact and law.

(2.) The two appellants in these two appeals have been found guilty of offence punishable under section 392/397, Indian Penal Code and section 25 of Arms Act read with section 13 of M.P. Dakaiti Aur Vyapsharan Prabhavit Kshetra Adhiniyam (hereinafter referred to as the AdhiniyamT) and sentenced to seven years R.I. by judgment dated 23.3.1984, passed by Shri S.K. Tiwari, Special Judge. Sagar, in Special Criminal Case No. 87 of 1983.

(3.) Prosecution case against the appellants was that on 9.10.1983, when Achchelal (P.W. 4), accompanied by his daughter-in-law Damoti (P.W. 5), was going to his village Piparia on foot, the two appellants, who were armed with country-made pistols apprehended them and robbed Damoti of her silver ornaments which she was wearing at that time. It is also alleged that before the aforesaid robbery, Achchelal had met Gariba (P.W. 6) on his way and, hence, Gariba had seen the incident. Report of the incident was lodged at police-station Deori on 10.10.1983 at. 3.00 p m. (Ex. P. 4). The two appellants were arrested on 26.10.1983 and stolen property recovered at their instance. Later on, an identification parade was held on 7.11.1983 (Ex. P.2), wherein the witnesses recognized the two appellants. Thereafter, the two appellants were put on trial for offences as aforesaid.