RAMESHKUMAR SONI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) An occurrence took place on 5-6-1984 at about 3.35 p.m. inside the compound of tahsil Seondha, district Datia P.W. 2, Radheshyam, Clerk-cum-Cashier of Punjab National Bank, Seondha and Ramprakash Shukla, P.W. 3, the then Chowkidar of the said Bank were going after taking money from the treasury in an attachee. As soon as they reached the aforesaid place three persons met them. One of them sprinkled chilli powder in the eyes of P.W. 3, Ramprakash Shukla, who was driving the cycle and Radheshyam was sitting on the carrier. As a result of sprinkling of chilli powder both of them fell down from the cycle. One of the Badmashes attacked Radheshyam Gupta with a danda and the third by his katta. The attachee containing money was snatched. Gupta was threatened to be killed with katta and Badmashes snatched the attachee and escaped. After the occurrence Ramprakash Shukla, P.W. 3, was directed by Shri Gupta to inform the Manager of the Bank and hence he went there. O. P. Sharma was the Manager at that time. He got threatened and perplexed. He went straight to the police station where the Station Officer was not available. He then went to the S.D.O. (P) and reported. The report is Ex. P-1. On the basis of the written report a case was registered. Usual investigation took place on 9-6-1984. P.W. 13, Rajendrasingh Raghuvanshi arrested accused Ramesh and prepared arrest memo Ex. P-59. He also recorded his statement whereupon he made a confessional statement with respect to the fact that he had hidden a sum of Rs. 94,200/- in his private temple Anupganj Seondha and he made recovery. He recorded his statement Ex. P-61 and went to that place. Ramesh thereafter took out a Potli which contained a sum of Rs. 94,200/-. Panchnama Ex. P-61 was prepared by him. He also prepared site plan of that place, Ex. P-62. Again enquiry was made from Ramesh, and as a result of his disclosure Ex. P-49 was prepared by him. He thereafter went to the shop of Rambihari. On being taken to that place by Ramesh he took out a pant and bush-shirt Panchnama of which is Ex. P-53. The recovered articles were Art. No. G-1 and G-3. Enquiry was also made from Rambihari and on his disclosure accused Govindsingh Parihar had given him Rs. 20,800/- which he had kept in his house and he could get it recovered. He prepared Panchnama Ex. P-48 and went to that place and made recovery of Rs. 20,800/-. The memo of which is Ex. P-45. P.W. 14, Ramgulam Dohre arrested accused Ajmersingh on 11-6-1984, vide memo Ex. P-47. He also arrested Fand Mohammad on the same day and on an enquiry he disclosed that he had given a sum of Rs. 10,000/- to Ajmersingh and remaining Rs. 11,000/- out of a sum of Rs. 21,000/- was kept by him and he will get the recovery made. The memo Ex. P-51 was prepared by him. In accordance with the information the accused took him to his house where he took out a plastic bag in which money was kept. Panchnama Ex. P-56 was prepared. He also enquired from Fand Mohammad and Govindsingh and came to know that Govindsingh had hidden a sum of Rupees 25,000/- and a 12 bore katta with its cartridges in his house. He prepared memo Ex. P-50 and accompanied the accused, notes were recovered and memo Ex. P-55 was prepared. Fand Mohammad also disclosed about the attachee which too was recovered and memo Ex. P-68 was prepared. Search at the house of Ajmersingh was also made. Ex. P-47 was prepared. There was also recovery of Rs. 10,000/- and recovery memo Ex. P-58 was prepared. The accused persons as well as articles recovered were put up for test identification. After completion of the investigation a charge-sheet was submitted against all the accused persons. The learned trial Court charged accused Ramesh Soni Fand, Mohammad and Govindsingh u/S. 392, IPC read with Ss. 11/13 of the M.P. Daketi Avam Vyapharan Prabhavit Kshetra Adhiniyam, 1981. Accused Govindsingh was further charged u/Ss. 25(1)(a) and 27of the Arms Act. Accused Ajmersingh and Rambihari were charged u/S. 411, IPC. Accused Rambihari was further charged u/S. 216, IPC. All the accused persons denied the charge and claimed that the police had falsely implicated them. The prosecution examined as many as 16 witnesses and relied upon documents Ex. P-1 to P-58 and several articles which were recovered. Accused persons filed two documents Ex. D-1 and D-2. After considering the evidence and hearing the parties the learned trial Court concluded that the prosecution had proved its case against accused Ramesh Soni, Fand Mohammad and Govindsingh and convicted them u/S. 392, IPC and u/S. 11/13 of Act, 1981 and each one of them were sentenced to a term of 5 years R.I. Accused Ajmersingh and Rambihari were, however, acquitted.

(2.) The State of M.P. has preferred appeal (Cr. Appeal No. 130/89) against acquittal of Ram Bihari and Ajmersingh whereas Ramesh Soni and Fand Mohammad have preferred Cr. Appeal No. 72/86 and Govindsingh Cr. Appeal No. 87/1986. As all the three appeals arise out of the same judgment and relate to the same offence, they have been heard together and are being disposed of by this common judgment.

(3.) The learned counsel for the accused/appellants contended that the case of convicted appellants is based on the result of the identification proceedings. He urged that the identification proceedings are of no avail because according to the case of the prosecution itself chilli powder was sprinkled in the eyes and as such they could not see. They had no opportunity to see the Badmashes and could not identify them unless external aid was provided. Learned counsel also criticised the alleged recovery and pointed out that various articles including money are alleged to have been recovered but the recovery is also doubtful. He referred to the contradictions in the statements of witnesses with respect to place of recovery. His contention is that on the basis of the evidence produced by the prosecution it cannot be said that the case against accused persons has been proved beyond reasonable doubt. The conviction and sentence passed against them cannot, therefore, be sustained.