KALU SINGH Vs. STATE OF MP

JUDGEMENT

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

(2.) The appellants/accused persons stood convicted under Sections 396, 397 and 460 of the Indian Penal Code and each is sentenced to suffer imprisonment for life and fine of Rs. 1,000/-, R.I. for seven years and fine of Rs. 500/- and R.I. for ten years and fine of Rs. 500/- respectively and in default of payment of fine to suffer additional R.I. for one year each. All the substantive jail sentences have been directed to run concurrently. Vide judgment dated 10.02.2003 passed by the learned Ist. Addl. Sessions Judge, Barwani in Sessions Trial No. 103/2002. Aggrieved by this judgment of conviction and order of sentence, the appellants have preferred these appeals under Section 374 of the Code of Criminal Procedure.

(3.) Laconically the prosecution case as placed before the trial Court is that on 16.12.2001, in the night at 11.00 p.m., complainant PW-1 Jakiabai was sleeping along with her family members inside her house. One unknown person pulled her quilt because of which she woke up and in the electric light, saw a person standing who threatened her and asked to go away from in front of the almirah. Jakibai went away and on direction by miscreant, opened the almirah by key. On hearing the sound, her daughter-in-law PW-2 Mubinabai woke up and asked as to who had opened the door. She was assaulted by the miscreants. Jujarali, the son of Jakibai also woke up and shouted "CHOR CHOR" and he too was assaulted by the miscreants by sharp edged weapon. PW-3 Akbarali, father of Juijarali also woke up. He also was beaten by the miscreants. The miscreants pulled out the articles from inside the almirah. At that time five to six miscreants also assembled in the same room. Two bangles from the wrist of the complainant were taken out by the miscreants. Ex. D/1 Dehati Nalishi was recorded by the Sub Inspector Shravanan Kumar (P W-18) at the instance of Jakiabai. On the basis of the Dehati Nalishi, First Information Report Ex. P/13 was recorded in the Police Station and Crime No. 529/2001 was registered. The deceased and injured witnesses were sent for medical examination to the hospital and were examined by PW-7 Dr. Purohit. Dr. Purohit issued MLC reports Ex. P/7 and P/8 of PW-2 Mubinabai and PW-3 Akbarali. He also sent information Ex.P/11 to the concerned Police. X-Ray report of PW-3 Akbarali is Ex.P/9. On completion of inquest report Ex. P/14, the dead body of Jujarali was sent for post-mortem examination and the same was conducted by PW-11 Dr. Rajesh Jain. Post-mortem report is Ex.P/16. PW-2 Mubinabai and PW-3 Akbarali were admitted in the hospital and after treatment were discharged. Their Bed Head Tickets are Ex.P/17 and P/1 8.