ALLU Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal under section 374 of Cr.P.C , 1973has been filed by appellant - Allu against the judgment dated 28/9/2015 passed by First ASJ, Ashoknagar in Sessions Trial No. 100/2010 by which the appellant has been convicted under Section 399 of IPC and has been sentenced to undergo RI for five years and fine of Rs. 5000/-, under Section 400 of IPC and has been sentenced to undergo imprisonment for five years and fine of Rs. 5000/- and under section 402 of IPC and has been sentenced to undergo RI for three years and fine of Rs. 2000/- with default imprisonment.

(2.) Prosecution story in short is that on 16.2.2004, SHO PS Manthana, Ashoknagar, received an information on 16.2.2004 that appellant along with co-accused persons are making preparation for committing dacoity in a petrol pump situated at Piprai Road. Thereafter, SHO along with police party reached on the spot and went to the place which was informed by the informer and found that the appellant and other accused persons were making preparation for committing dacoity. All the accused persons were surrounded by the police party and co-accused Lakkha and Abid and appellant - Allu were apprehended on the spot whereas, Ranjit and Kallu alias Karia taking advantage of darkness, escaped from the spot. Appellant - Allu and co-accused Lakkha and Abid were brought to the PS along with the seized weapons where, SHO PS Ashoknagar Manthana registered the FIR and Crime No. 110 of 2004 for offence under Section 399, 400 and 402 of IPC as well as under section 25 of the Arms Act was registered.

(3.) It appears that after completing the investigation, the charge sheet was filed against co-accused Ranjeet, Kallu and Abid. The appellant-Allu was absconding. After recording the evidence of the witnesses, the trial court by judgment dated 25/3/2009 passed in ST No. 318/2006 convicted Ranjeet, Kallu and Abid under Sections 399, 400 and 402 of IPC and sentenced them to undergo rigorous imprisonment of five years and fine of Rs. 5,000/- for offence under Sections 399 and 400 of IPC and they were sentenced to undergo rigorous imprisonment of three years and a fine of Rs. 2,000/- for offence under Section 402 of IPC.