MOOLCHAND ALIAS DEVI Vs. STATE OF M P

JUDGEMENT

(1.) Appellant bas been convicted under sections 326, 392 and 397 I.P.C. He has been sentenced to seven years rigorous imprisonment under section 392 read with section 397 I.P.C. No separate sentence, has been passed under section 326 I.P.C. Before proceeding ahead I must remark that the Court below committed an error in not passing a separate sentence under section 326 I.P.C. Offences under sections 326 and 397 I.P.C. are different in character and separate sentence has to be passed for each of them before they would be directed to run concurrently.

(2.) The incident took place in a running train. Complainant Ramprasad was traveling from Khidkiya to Khandwa. The accused who was known to the complainant from before as he belonged to the same village, also traveled with him. At Station Singaji the accused came close to the complainant and demanded money. On complainants refusal he whipped out a knife and inflicted Ii blow in the abdomen causing a deep stab wound. The accused forcibly snatched Rs. 6/- from the Paijama pocket of the complainant. As soon as the train halted at Khandwa, report of the incident was lodged by Ramprasad (Ex. p.1). Name of the accused was mentioned in the said report. The accused was apprehended the same day and a knife was seized from his possession.

(3.) The defence was that the complainant had falsely implicated the accused because there were some differences between them for sharing the spoils of stolen goods.