ASLAM Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction passed by Second Additional Sessions Judge. Bhind in Sessions Trial No. 197/88 dated 6.12.1999, by which the appellant has been convicted under section 395 read with section 34 of IPC and sentenced to undergo R.I. for ten years and fine of Rs. 1000/ - and under section 436 IPC sentenced to undergo R.I. for ten years and fine of Rs. 1000/ - with default stipulation.

(2.) THE facts of the case are that on 1.11.1984 the appellant along with co -appellants (who were acquitted by the trial court in S.T.No. 197/98 dt.12.9.95) looted and put fire the properties of Roshanlal, Harbanshlal Balbir and some other persons. The incident took place due to the assassination of Smt. Indira Gandhi, the Ex -Prime Minister of India and there was annoyance of general public towards a particular community. They committed dacoity and also fired the shops of Roshanlal (PW2) Mahesh (PW3), Harbanshlal (PW4) Suresh Kumar (PW5) and Nirbhay Singh (PW9). M.S. Chauhan, Investigating officer (PW6) lodged the report, which is Ex.P14. During investigation site plan was prepared, which is Ex.P15 and the articles were identified vide memo Ex.P8 and the burnt articles were also seized by the police during investigation and calculated the loss. The document is ExP13. After completion of investigation, charge sheet was filed.

(3.) THE main contention of the counsel for the appellant is that when co -accused were acquitted by the trial court on the same set of evidence, appellant cannot be convicted because all the independent witnesses have not supported the prosecution case, even not identified the appellant. The trial court has not appreciated the evidence properly and based its conviction only on the un -corrborated testimony of the police witnesses. It is also submitted that the appellant has been falsely implicated in the case by the investigating officer due to enmity with the police as he has made complaint against the former T.I.