HARGA KANCHEDI Vs. STATE OF M P

JUDGEMENT

(1.) The four applicants/accused have filed this revision against their convictions under section 392 IPC and their release on probation of good conduct for a period of three years. Each applicant was also required to deposit a sum of Rs. 2150/-as compensation. Out of the amount so realized, it was ordered that compensation Rs. 100/- per goat will be paid to complainants Babu, Mohan and Haiku.

(2.) The prosecution case is that on 29-5.1979 Babu (P.W. 1) and Mohan (P.W. 2) were grazing their goats in Chhapar Forest. Meanwhile four persons came, and bandaged their eyes tied their hands and drove away all the goats. After the miscreants took away the goats, Mohan and Babu some bow managed to open their eyes and untied their hands. They informed the village people about the robbery. Haiku lodged FIR (Ex. P-2) in the police station Sarayatha. The police seized a towel and five pieces of cloth from the spot-vide seizure memo Ex. P-3. The accused persons were arrested on 17-9-1979. They were put up for identification on 7-11-1979, vide memo Ex. p. Sin which Mohan identified all the four applicants. Babu could not identify anyone of them.

(3.) All the accused denied their guilt and claimed trial. They examined one witness Bhalchand in their defence. The trial Court by judgment dated 2-5-1983, found all the applicants guilty under section 392 IPC and sentenced them to R.I. for 2 years and fine of Rs. 500/- in default R.I. for five months more. The applicants filed appeal in which their convictions under section 392 were maintained. The sentences awarded to them were set aside and instead, they were released on probation of good conduct for a period of 3 years on furnishing bonds in the sum of Rs. 2000/- and paying compensation Rs. 2150/- per head. Rs. 8600/- was ordered to be paid to Babu (P W. 1), Mohan (P. W. 2) and Haiku as compensation Rs. 100/- per goat. Hence this revision.