STATE OF M P Vs. KIRAT SINGH

JUDGEMENT

(1.) This appeal is directed against the acquittal of the accused/respondents 1 to 5 under Sections 395, 396 read with Section 397 of the Indian Penal Code.

(2.) The incident is said to have taken place in Village Chhanavani, P.S. Bhonti, Tehsil Pichhore, Districr Shivpuri in the intervening night of 21st and 22nd of January, 1975. It is alleged that the accused persons duly armed with deadly weapons came and committed dacoity in the houses of Vishvanath and Ratanlal and in that process caused injuries to Kailash Narayan. Mahila Kasturi, Ramkishan. Vishvanath, Sarupibai and Ratanlal. Ratanlal was said to have been inflicted fatal injury as a result of which he succumbed to death. The report of the incident was lodged by Suresh Kumar Gupta (PW 15) on 22-1-1975 at 12.30p.m. at P.S Bhonti, Tehsil Pichhore, District Shivpuri, which is Ex. P/34 on record. It show the distance about 22 km. from the place of occurrence. From the FIR it also appears that Suresh Kumar Gupta (PW 15) had accompanied Babukhan sb Kotwar Fateh Mohammad. It is also mentioned that the lodger of the FIR was not in a position to give any particulars/details or the identification mark, which could only be given by the inhabitants of the houses. The SHO registered the offence at Crime No. 9/75 and proceeded for investigation. Ex. P /1 is the list of looted articles, which was supplied by Kishorilal s/c Omkarlal Vaishya. Kishorilal was examined by the prosecution as PW 1.

(3.) From the record, it also appears that the matter could not be solved by the police. In other words, the police could not get any clue. It was only on 9-11-1976 that Inspector Karera arrested the accused persons and then they were brought to the Police Station, Bhopti. PW 18 Lakhansingh Sharma is the SHO, who prepared the arrest-memo (Ex. P136) on 13-11-1976. It is alleged that accused persons gave an information, which is recorded and on that basis the articles were seized as per Exs. P/8 to P/11. The accused persons thereafter were put for identification as per Exs. P/2 and P/4. As per Ex. P/2, Vishvanath identified Kiratsingh and Sitaram and Badriprasad identified Gumersingh. Jasrat and Kiratsingh. As per Ex. P/4. Kailash s/o Omkarlal identified Kiratsingh. Sitaram and Gumersingh. Ramkishan identified accused Kanchansingh and Jasratsingh, Mulia identified accused Kiratsingh and Gumersingh and Jagna identified accused Sitaram and Gumersingh. The articles were seized as per Ex. P/3 and they were also put for identification and the memo (Ex. P/5) was prepared on 17-12-1976. Ex. P /6 is another memo for identification in which none of the accused persons could have been identified. Identification of the Coat was got conducted as per Ex. P/7.