ANNU @ ANSINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) THESE appeals arise out of the same judgment dated 17.2.94 by the Additional Sessions Judge, Burhanpur, district Khandwa. By this judgment in Session Trial No. 68/92, the learned trial Court convicted all these appellants in 7 appeals for having committed the offences of dacoity punishable under section 395 read with section 397 of the I. P. C, as it was a case of use of dangerous weapons by the dacoit -appellants. All the appellants were sentenced to R. I. for 10 years each and a fine of Rs. 500/ - each and in default of fine, further R. I. for 2 months for offence under section 395 I.P.C. and separate sentence of R.I. for 7 years under section 397 I.P.C.

(2.) IT is apparent that the trial court has committed a legal error in passing separate sentence under section 395 and 397 I.P.C. as section 397 I.P.C. is only an enabling section which provides for minimum sentence of 7 years in case it is attracted for an offender who committed an offence under section 395 I.P.C. But that will be a matter to be considered after deciding whether the appellants have committed offence.

(3.) ALL these appellants were arrested on 24.10.91. They were interrogated. An attempt was made to find out the whereabouts of the looted property, but nothing could be recovered. It appears that no test -identification parade was arranged and on the basis of the statement of the two witnesses, they were sent up for trial.