ASHOK Vs. STATE OF M P

JUDGEMENT

(1.) This criminal appeal has been preferred under Section 374(2) of the Code of Criminal Procedure being aggrieved by the judgment, finding and sentence dated 31.07.2001 passed by the III Additional Sessions Judge (Fast Track Court), Betul in Sessions Trial No.18/98, whereby the appellant has been convicted under Section 396 of Indian Penal Code and sentenced to imprisonment for life with fine of Rs.500/-and in default to undergo two months R.I.

(2.) The prosecution story in short is that in the intervening night of 19.06.1996 Ku.Manju Paul and her mother Smt.S.Paul were sleeping in a room at first floor and her brother Madhu Paul was sleeping on the ground floor in the house situated at Chicholi. Ku.Manju Paul woke up at about 2:30 a.m. and saw the 5 miscreants having arms near to her cot. They showed knife and katta for handing over the cash and ornaments. She and her mother gave them the gold chains, ring, tops, kada etc. Then they tied them with the cot and went away. Anyhow she freed herself, jumped on the road and came in the room of Madhu Paul but found, he was also tied with a chair. He was untied and sent to hospital but he was declared dead. The articles kept in Almirah, suitcase, small box were also found scattered in this room. Thus, the dacoits had committed robbery and caused death of Madhu Paul. Detailed particulars regarding their Hulia etc were given and stated that they will be identified by her and her mother as and when brought before them.

(3.) The accused stood charged under Section 395 and 396 of I.P.C. to the effect that he on 19.06.1996 in between 2:30 to 4:30 a.m. at Harda Road, Chicholi within police station Chicholi, District Betul committed dacoity at the residential house of Ku.Manju Paul and in the commission of such dacoity murder of Madhu Paul was committed by one of the co-accused. Thus, committed an offence punishable under Sections 395 and 396 of I.P.C.