GUNGA @ TERSINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) By this appeal under Section 374 of Cr.P.C. appellants have challenged the judgment dated 30th April, 2003 in Sessions Trial No. 187/2002 by which the appellants have been held guilty of offences under Sections 399 and 402 of IPC and have been awarded for each of the offence sentence of four year's RI and fine of Rs. 300 with default sentence of one month.

(2.) The charge against the appellants is that on 18/3/2002 they had assembled armed with weapons for committing dacoity at society Gram Bhan Bharud.

(3.) Prosecution story is that on 18/3/2002, PW-7 H.S. Chouhan, SHO Sanawad had received the intimation that some persons were planning to commit dacoity at society Bhan Bharud and were sitting in the agricultural field of Anoop Chand alongwith weapons. He after intimating his seniors and nearby police stations and taking Om Prakash and Mishrilal from Bhan Bharud reached to the spot and had found that below the khanti the accused were talking about committing loot of cash of Bhan Bharud society and they were armed with axe, bow and arrow, laathi etc. In the torch light he had surrounded the appellants and had seized the weapons and had prepared the spot map on the next day. After completing the investigation challan was filed and appellants were charged for offence under Section 399 and 402 of IPC and they had abjured guilt. Accordingly trial had taken place in which they have been convicted and sentenced in the manner mentioned above.