MAHENDRA SINGH Vs. STATE OF M P

JUDGEMENT

(1.) Since all the aforesaid three appeals arise out of one and the same judgment, therefore, they are being decided by this common judgment.

(2.) The appellants in Cri.A.No. 810/06 and Cri.A.No;. 1096/06 have preferred these appeals against the judgment dated 21.07.06 passed by the learned IX Addl. Sessions Judge, Inddre in S.T.No. 161/05, thereby convicting them under sections 395 and 397 of the Indian Penal Code and sentencing them each to undergo R.I. for ten years and fine of Rs. 10,000/-, in default of payment of fine to suffer additional R.I. for one year while the appellant Vishal in Cri.A.No. 987/06 preferred this appeal against the aforesaid judgment and order for return of property i.e. Hero Honda Motor Bike and the amount seized from the appellant Vishal.

(3.) The prosecution case in nut-shell as putforth before the trial Court is that the complainant Shaitansingh (PW-2) was serving as Head Cashier in TAKNIKI KARMACHARI SAHAKARI SAKH SANSTHA WARE HOUSE ROAD, INDORE. In November, 2003, this society entered into an agreement with the MPEB for running Electricity Bill Collection Counter in Indore Town. According to this contract, this society was collecting the amount of electric bills by running counter on different areas and in the evening after collection of money from all the counters being shifted to the office of the society. On 25.10.04, Ramsamaz Yadav, Director of the society instead of sending M.L. Verma for collecting money who used to go regularly ordered him to sit on the counter and send the complainant PW-2 Shaitansingh for collecting the money. Shaitansingh went in a Maruti Van bearing Registration No. MP/09/7040 along with driver PW-1 Mayaram in the evening at 5.30 PM. After collecting total amount of Rs. 5,32,992/ - along with cheques of Rs. 2,02,559/- he was returning from Manoramaganj via Tilak Nagar to Bakhtawarram Nagar. They were intercepted by two motor cycle riders on which two persons each were sitting. They stopped the van and while saying as to how the driver was driving the van, one miscreant gave fist blow on the head and another on the face of complainant Shaitansingh. Blood from the lips of Shaitansingh started oozing. The other two miscreants also gave 2/3 slaps to the driver Mayaram. At this juncture, two persons also reached on motor cycle and forcibly took away the bag made of thick cotton cloth containing cash amount. On this bag by blue ink English letters TKSSSM in capital were written. In the bag, amount of Rs. 5,32, 992/- and the cheques collected from three Zones were kept. The complainant lodged the report Ex.P/2 at the Police Station :Palasiya, Indore and the incident was also informed to the vice president Ramsukh Yadav of the aforesaid society. Police reached on the s;pot and prepared the s;pot map. The complainant/injured was sent for medical examination.