DHARMENDRA Vs. STATE OF M.P.

JUDGEMENT

(1.) The appellants have filed the present appeal against the judgement dated 24.03.2006 passed by the 2nd Additional Sessions Judge, Ujjain in Sessions Trial No. 116/2005 they have been convicted under Section 395 read with Section 397, 398 of IPC and sentenced for 10 years RI and fine of Rs. 5,000/- and under Section 460 of IPC and sentenced for 10 years RI and fine of Rs. 5,000/- and in default of payment of fine 2 years additional RI.

(2.) As per prosecution story in the midnight of 6th and 7th August of 2003 the appellants alongwith 6 other persons entered into the house of Mohanlal, situated in the forest of Badnagar. They entered in the house near about 12:30 am in the night armed with sticks. They assaulted brother of the complainant Suresh and father of the complainant Ranchhorlal by stick and tied him. Thereafter, they entered into the house after opening the door and looted cash jewellery, mangal sutra etc and locked the family members in different rooms and ran away. Ranchordas was admitted in the hospital due to the injury received by him. The complainant Mohanlal lodged a report and which was written under Crime No. 234/2003. During investigation appellants were arrested. Kalunath Dham singh and Amitabh could not be arrested and later on they were declared absconding. After completion of investigation challan was filed against Sorasbai and Rukmabai and charges under Section 412 of IPC were framed and these appellants were tried under Section 295 read with Section 397, 398 and 460 of IPC. The prosecution examined eye witnesses Lilabai, Rajubai, Mohanlal and Ranchordas i.e. PW 3, PW 4, PW 6 and PW 8 respectively. In identification parade they were identified by the complainant and the looted article were recovered from them and all were duly identified by the family members of the complainant.

(3.) After appreciating the evidence came on record Sorasbai and Rukma Bai have been discharged by giving the benefit of doubt but the appellants have been convicted under Section 395 read with Section 397, 398 and 460 of IPC and sentenced for 10-10 years RI. Hence, the present appeal before this Court. All the sentences were directed to be run concurrently.