VIRENDRA KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant, in this case, has been convicted by Addl. Sessions Judge, Khurai, by impugned judgment dated 16-1-1987 for having committed offences u/S. 329 read with Section 149 and Section 148, I.P.C. They have been sentenced to R.I. for three years and fine of Rs. 1000/- and in default of which, R.I. for six months each for the offence u/S. 329 read with Section 149, I.P.C. They have also been sentenced to R.I. for one year for the offence under S. 148, I.P.C. Both the sentences have been ordered to run concurrently.

(2.) The judgment was sequel to Sessions Trial No. 81/86.

(3.) The trial Court has found that these two appellants along with 3 others wanted to extort Rs. 400/- from complainant Sudeep Kumar (P.W. 1). This happened when Sudeep Kumar was closing the shutters of his godown on 12-10-1985 at about 12.30 p.m. Five persons had approached him and wanted him to shell out money. On refusal, they took out knives and threatened him that if he did not give them money, he would be killed. He persisted in his refusal. Three of them including these two appellants stabbed him on portions below lower abdomen on the lateral and inner side of thighs. The second injury caused a cut in a vein resulting in bleeding. He would have bled to death, but for timely medical intervention, he was operated upon and saved. The three others who were co-accused with these appellants were Babli alias Ramesh, Prakash and Satya Prakash Brahmin, Raju alias Rajendra. Those three have been given benefit of doubt and acquitted as they had not been named in F.I.R. and no Test Identification Parade about them has been held, but these two appellants were named in F.I.R. and were known to the victims.