PADAMNATH & OTHERS Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Criminal Appeal is directed against the judgment of conviction and sentence passed by learned Second Additional Sessions Judge, Ujjain in Sessions Trial No317/2004 dated 27.10.2005, whereby the learned Additional Sessions Judge held the present appellants guilty under Section 395 r/w sections 397, 398 of IPC and Section 459 of IPC and sentenced them to 14 years rigorous imprisonment each and fine of Rs.1,000/- each under Section 395 r/w sections 397 and 398 of IPC & 10 years of rigorous imprisonment and fine of Rs.1,000/- under Section 459 of IPC with default stipulation.

(2.) In all, thirteen accused persons faced the trial. Vikram S/o Mohan Nath was a juvenile at the time of incident, and therefore, he faced trial before Juvenile Justice Board. The trial Court acquitted Fundanath S/o Amarnath, Paras Bai W/o Fundanath, Asha Bai W/o Peerunath and Rajunath S/o Mohannath from all the charges while convicted the 8 accused persons, who are before this Court as appellants.

(3.) According to prosecution story, on 17.10.2003 at about 11:30 pm in village Sanwarakhedi, when the complainant and his family members Bherulal, Omprakash, Dhapu Bai etc. were sleeping in a house constructed on a field, about 12 to 15 persons came there armed with lathi, farsi and axe. They inflicted injuries on Bherulal and committed loot of silver ornament and cash. They also beaten Deepak, Raju, Pannalal, Basanti Bai etc and committed loot. The matter was reported to Police Station-Neelganga, where Crime No.712/2003 was registered. Subsequently, the accused persons were arrested in another crime registered at Police Station-Narbar, and there, they gave their disclosure memos and also ornaments looted from the complainant were seized from their possession, on the basis of which, they were made accused in the present case. Test identification parade was also held during the investigation of articles as well as of all accused persons.