KUNWARLAL AND Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) These three appeals are directed against the judgment dt. 19-2-1988 of Additional Sessions Judge, Tikamgarh in Session Trial No. 43/81 whereby appellant Kunwarlal in Cr. Appeal No. 244/88 and appellant Shyamlal in Cr. A. 327/88 were convicted for offence u/S. 396, I.P.C. and sentenced to life imprisonment. The other accused namely; Murli, Dhaniram, Beni, Ghaseeta, Sunnulal and Kaluu alias Siromani Singh who are respondents in Cr. A. 1042/88 filed by the State of M. P. were acquitted of the charges.

(2.) The incident out of which this trial arose occurred on the night between 10th and 11th August, 1980 in the house of one Giloji, a large number of dacoits broke into the house of Giloji in village Najdanwada, P. S. Jairon, district Tikamgarh. The dacoits started beating Giloji and his other family members in order to commit dacoity in the house. Ram Kishor (PW 11), Ramdeen (PW 13), Deshraj (PW 14) and Tulsidas (PW 17) are the sons of Giloji. Betibai (PW 15) and Makkhan Devi (PW 16) are the daughter-in-law of Giloji. They (except PW 13 of PW 14) were in the house when the dacoits entered and beat them and looted the property. They forcibly took away the ornaments worn by the ladies. They fired shots also and used other weapons for attacking the inmates of the house. Dharam Bai, the wife of Giloji was killed as a result of that attack in the house itself. Deshraj had brought Rs. 10,000/- as sale proceeds of grains 2-3 days earlier and had kept them in the house. This money and other money was looted by these dacoits apart from the ornaments snatched from the bodies of the ladies.

(3.) The first information report Ex. P 19 in the case was given by Deshraj (PW 14) son of Giloji on 11-8-80 at Police Station Jairon. Deshraj was sleeping in his shop along with his wife and children. The shop is at some close distance from the house. At mid-night he heard shriek of his father who was rushing from the side of the village and told him that dacoits had entered the house and were looting and beating. He heard a gun shot also. His father rushed back towards village and he heard several fired shots. In the meantime, his younger brother Ram Kishor came running and shouting and informed him that 7-8 dacoits were beating the inmates of the house and were committing loot and that he had escaped by jumping from the roof of the house. About an hour later his father Giloji came back to him from the villages and informed him that nobody came from the village for help. These people continued sitting with Deshraj. His father went back to the house at about 2 a.m. and soon thereafter Chandra, Bhanji of Deshraj, came there and informed him about he death of Dharam Bai. Then Deshraj also rushed to the house and saw his mother dead in the house. His other brother Tulsidas had also suffered a gun fire shot. He found the amount of Rs. 10,000/- looted away. The dacoits had taken away the ornaments which his mother and Bhabhi were wearing and also the ornaments from the box. The dacoits were armed with lathis, katta and gun as told by inmates of the house.