DASARU AND OTHERS Vs. STATE OF M P

JUDGEMENT

(1.) Appellants have filed this appeal against the judgment dated 27.12.2008 passed by Second Additional Sessions Judge, Betul in Sessions Trial No.229/2006 whereby the trial Court held the appellants guilty for commission of offence punishable under Sections 460 and 396 of the Indian Penal Code and sentenced to undergo R.I. for seven years with fine of Rs.1,000/- each and R.I. for life imprisonment with fine of Rs.1,000/- each respectively, with default stipulations.

(2.) In brief the prosecution case is that deceased Sohanlal and his wife Lalitabai were residing alone at village Dabhona, District Betul. They cultivated their land. In the intervening night of 5th and 6th of November, 2005, some dacoits committed their murder and robbed their properties. FIR was lodged by Damadu at Police Station Athner, District Betul. Police registered offence under Sections 302, 307, 294 and 450 of I.P.C. against unknown persons. During investigation, it was found that the appellants unlawfully entered into the house of deceased Sohanlal. They robbed the properties and committed murder of Sohanlal and his wife Lalitabai. After due investigation, charge-sheet was filed against the appellants before the concerned Court.

(3.) After committal of case, the trial Court framed charges under Sections 460 and 396 of the IPC against them. The appellants abjured guilt and pleaded that they are innocent and falsely implicated by the police in this case. The trial Court convicted the appellants on the basis of extra judicial confession and sentenced as mentioned above.