MANIRAM Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANTS have preferred this appeal against the judgment and order dated 28.12.1999 passed by Additional Sessions Judge, Pichhore in S.T. No. 72/96, whereby the appellants/accused have been convicted under sections 399 and 402 of IPC and sentenced to undergo 5-5 years rigorous imprisonment and to pay fine of Rs. 500-500/- and again 4-4 years rigorous imprisonment and to pay fine of Rs. 500-500/- respectively and in default of payment of fine, the appellants are further directed to undergo one-one month additional simple imprisonment. Both the sentences were directed to run concurrently.

(2.) DURING the pendency of the case before the trial Court one of the co-accused namely Bhagirath has died.

(3.) AFTER usual investigation, chargesheet was filed against the appellants. After committal of the case charges under sections 399 and 402 of IPC were framed against the appellants by the trial Court. The appellants abjured their guilt and pleaded false implication in the case. Prosecution has examined in all five witnesses namely Asgar Ali (PW 1), Udaypratap Singh (PW 2), Ghuman Singh (PW 3), Dayakishore (PW 4) and Investigating Officer Shailendra Singh Jadon (PW 5). No witness has been examined by the appellants in defence. Learned trial Court relying upon the evidence of the prosecution witnesses held that the appellants had assembled and were planning to commit dacoity and convicted the appellants and sentenced them as mentioned in para one of the judgment. Feeling aggrieved, appellants have preferred this appeal.