KALICHARAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Both these appeals are proposed to be decided by this common judgment as they arise out of the same impugned judgment passed by the trial Court on 08.02.1994 deciding S.T. No. 140/90, 224/90 and ST No. 241/90 . In S.T. No. 140/1990,out of five persons who faced trial, two of the accused, namely, Kalicharan and Jamna have been convicted for the offence punishable under Section 395 IPC and sentenced to undergo seven years R.I., whereas three of them, namely, accused Rajendra, Anil and Munnilal have been acquitted.

(2.) Appellants Kalicharan and Jamna have filed Criminal Appeal No. 192/1994 assailing their conviction under Section 395 IPC and sentence of seven years' R.I., whereas State of Madhya Pradesh in Criminal Appeal No. 1319/2001 has assailed the acquittal of accused Rajendra alias Rajjan, Anil and Munnilal in Sessions Trial No. 140/1990.

(3.) The prosecution story setting in motion the aforesaid trial, in nut shell, is that on 29.11.1989 at about 8.15 pm, a dacoity was committed in the house of Motilal (PW.1) by about 7 persons, armed with fire arms and lathis. The persons carrying the lathis assaulted the complainant and Ganesh, and took away his licensed gun as well as the gun belonging to his uncle. They fired gun shot and also looted the cash, gold and silver ornaments detailed in the report, and ran away. Description of the dacoits was also given stating that the complainant has clearly seen them in the bright light of the room. Pursuant to first information report that was lodged at 9.30 am on the next day i.e. on 30.11.1989 by Motilal (PW.1), crime no. 63/1989 was registered for the offences under Sections 395,396 and 397 IPC.