KADHORA BALLO KACHHI Vs. STATE OF M P

JUDGEMENT

(1.) THIS judgment shall also govern the disposal of Criminal Appeal No. 1259 of 1986 (Mukund v. State of M. P.) and Criminal Appeal No. 1231 of 1986 (Kallu alias Hari Narayan v. State of M. P. ).

(2.) APPEAL filed by accused/appellant Kadhora registered as Criminal Appeal No. 1258 of 1986, appeal filed by accused/appellant Mukund registered as Criminal Appeal No. 1259 of 1986 and appeal filed by accused/appellant Kallu alias Harinarayan registered as Criminal Appeal 1231 of 1986 arise out of the judgment dated 8-10-1986 delivered by the Special Judge, Damoh, holding the accused/appellants guilty for committing offences punishable Under Sections 396 and 365 of the Indian Penal Code and sentencing them each to undergo imprisonment for life and rigorous imprisonment for five years respectively on both of the said counts. All of the said appellants have challenged the said findings and sentences in the said appeals. Since they arise out of a single judgment, they are being disposed of simultaneously by this single judgment.

(3.) PROSECUTION case is that in the night intervening 20th and 21st October, 1983, at about 9. 00 P. M. , Shriram (P. W. 10) accompanied by his four companions, was going from village Jhamar to village Dhooma. When he crossed the rivulet in the way, he noted 14 persons who were armed with guns and were wearing dresses of olive green (Khakhi) colour. All of the said fourteen persons surrounded Shriram (P. W. 10) and after telling him that they were members of police, they asked Shriram to take them to the house of the Patel of village Dhooma. On being forced to take them to the Patel of village Dhooma, Shriram (P. W. 10) brought them to the house of Mathura Prasad in village Dhooma. The said dacoits asked Shriram to call Mathura Prasad. When even after being called twice or thrice the door of the house of Mathura Prasad was not opened, the said dacoits made Shriram to climb on the roof of the house and to jump inside the said house.