SHIV PAL SINGH Vs. STATE OF M P

JUDGEMENT

(1.) This judgment shall also dispose of Criminal Appeal No. 427/89 filed by Shiv Singh, Hallu Singh and Ghappu Singh.

(2.) All the appellants have been convicted by the learned AddI. Sessions Judge/Special Judge, Panna in Sessions Trial No. 53/84 be the judgment dated 27.4.89, under Section 395 read with Section 397, IPC and have been sentenced to go R.I. for seven years. Being aggrieved by the said conviction and judgment, the appellants have preferred these two appeals. Criminal Appeal No. 768/89 was filed by the accused from jail. It appears that Mr. K.Z. Khan appeared for the accused but on the date of hearing none appeared for the appellant in Criminal Appeal No. 768/ 89, therefore, Mr. Sanjay Sharma was appointed as a defence Counsel by this Court. He has also argued Criminal Appeal No. 427/ 89. Mr. Manoj Naidu, learned Panel Lawyer for the State is also heard.

(3.) The prosecution case in brief is that on night intervening 16th and 17th July, 1984, certain persons armed with deadly weapons forced their entry in the house of complainant PW 2 Swami Prasad, they fired the guns and after causing injury to Swami Prasad PW 2, Ranjor Singh PW 6 and Kusturi Bai PW 8-, looted them all their valuables. It is not in dispute that Ranjor Singh PW 6 is father of PW 2 Swami Prasad. Kusturi Bai (PW 8) is mother of said Swami Prasad and Ausab Bai PW 10 is wife of PW 2 Swami Prasad.