JIVAN BURMAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This judgment shall also govern the disposal of Criminal Appeal No.1715/2004 which has been filed by Uttam Singh as both the criminal appeals have arisen out of judgment dated 20.09.2004 passed in ST No.644/2003 by the 13th Additional Sessions Judge (Fast Track), Jabalpur, whereby the learned Judge of the trial Court finding the appellants guilty under Sections 395, 397 of IPC sentenced them to rigorous imprisonment for seven years with fine of Rs.200/- on each count with default clause.

(2.) In brief, the case of the prosecution is that on 14.5.2002 at around 12:30 AM when complainant Jivanlal (PW-1) resident of Village Kuldahar District Jabalpur was sleeping just outside his house, at that time around six persons armed with various weapons came and on the point of sword they threatened him not to raise any alarm, he also saw that two accused persons had guns in their hands and one other had a bakka (a sharp edged weapon) and asked Rupees one lakh from him, in the meantime two persons had tied the hands of the complainant behind his back, at that time PW-1 Jivanlal called his wife Kusum Bai (PW-9), who was sleeping on the roof of the house, who got up and went straight way to the house of complainant's brother and an alarm was raised by them by shouting and after hearing the voice, the person, who was holding the gun, shot the complainant on his right shoulder and ran away from the spot. The accused persons had also injured Tularam (PW-3), who was sleeping nearby with the aid of bakka. Subsequently the report was lodged in the morning at 5:30 AM at Police Station Shahpura and the injured were sent to the hospital for treatment where Jivanlal (PW-1) was examined vide Ex.P-11 and P-12, which relate to his MLC. In the X-ray a fracture was found in the humerus of the right shoulder of Jivanlal vide Ex.P-13. Subsequently during the course of the investigation around one year and one month after the incident i.e. on 21.6.2003 accused Uttam and Jivanlal, who were already in the jail in connection with some other offence, guns were also recovered vide Ex.P-2 and P-3. Jivanlal (PW-1) and Kusum Bai (PW-9) were also called to identify the accused persons. Jivanlal in the test identification parade has identified the accused persons vide Ex.P-6 in presence of Naib Tahsildar Sudhir Jain (PW-7) whereas Kusum Bai could not identify them.

(3.) After investigation the charge sheet was filed before the competent Court under Sections 395, 397, 307, 327, 147 and 148 of IPC and the evidence was recorded by the trial court and accused persons were convicted by the learned Judge of the trial Court as mentioned above vide judgment dated 20.9.2004.