MANOHAR SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The accused! appellant Billa alias Shyamlal (CLA No. 1824/97), Teejram (Cr. A. No. 1712/ 97), Heeralal (Cr. A No. 1828/97) and Manohar Singh alias Rakka and Others (Cr. A No. 1646/97), have been convicted for offence punishable under Section 395 read with Section 397 of the Indian Penal Code and have been sentenced to undergo Rigorous imprisonment for 9 (nine) years, and to pay fine of Rs. 2,000/- (two thousand). While 9-ccused/ appellants Man Singh and Motilal (Cr. A. No. 1646/97) have been convicted for offence punishable under Section 412 of the Indian Penal Code, and have been sentence to undergo Rigorous imprisonment for three years, and to pay fine of Rs. 2,000/- (two thousand), by judgment dated 29-7-1997 in Sessions Trial No. 470/92, by is AddI. Sessions Judge, Bilaspur.

(2.) Since all the above appeals arise from the same impugned judgment, they are being disposed of together by this common judgment.

(3.) The prosecution case stated in brief is that Shyam Bai (PW 2) is the wife of Rewa Prasad Anant, AddI. R.T.O. Be cause of differences with her husband she used to reside with her mother Shukwara Bail (PW 10) at village Patadipara Begchool Bhata. P.S. Korba. Distt Bilaspur. On the date of incident i.e., on 22-9-1992, the complainant Shyam Bai (PW 2) alongwith her children and mother Shukwara Bai (PW 10) were sleeping in their house. At about midnight, the accused/appellants came inside their house, committed house breaking and entered their house. They assaulted Shyam Bai (PW 2) and under threat asked to be given the ornaments. They had thereafter committed dacoity of silver and gold ornaments and escaped. The report of the incident was lodged by Shyam Bai (PW 2), which 4s recorded as Dehati Nalisi as per Ex. P/i. During investigation ornaments the looted articles, were seized from the accused/appellants after recording their memorandum. The Test identification Parade was held by Naib Tahsildar R.P. Tiwari (PW 6). The memo of Test identification Parade is as per Ex. P /2. The seized articles were got identified by Naib Tahsildar Arun Kumar Sharma (PW 3). The memo of identification is Ex. P /3. After completing other usual formalities during investigation, charge sheet was filed against the accused/ appellants.