LAWS(MPH)-1989-10-17

MEHTAROO Vs. STATE OF MADHYA PRADESH

Decided On October 03, 1989
MEHTAROO Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) This appeal arises out of the judgment and finding dated 5-8-1987, recorded by the Fourth. Additional Sessions Judge, Durg, in Sessions Trial No. 23 of 1987, convicting the appellants under Section 394 of the Indian Penal Code and sentencing them to R.I. for five years and fine of Rs. 3,000 each, in default, R.I. for one year.

(2.) It was the case of the prosecution that in the night of 28-12-1986, five persons, at about 9.30 p.m., threw chillies into the eyes of Lakhanlal and looted Rs. 16,500 on the high way near ArjundaJhinka Marg. The appellants Ii 2 and 4 are real brothers and residents of village Kodeva. Lakhanlal (P.W. 1) is the resident of village Khotehi. Lakhanlal was on visiting terms with the aforesaid appellants. Appellant No.3 Jethuram, son of Dauwaram, is resident of village Arjunda. Dauwaram was also an accused, but he was acquitted. On 26-12-1986, a truck bearing No. M.P.J. 8395, belonging to Shriram (P.W. 8), had been loaded with 80 bags of paddy by Sitaram (P.W. 4) from village Kodeva, while 46 bags of paddy by Lakhanlal (P.W. 1) from village Khotehi. They reached Krishi Upaj Mandi, Rajnanrlgoan in the mid-night. Lakhanlal's paddy was sold for Rs. 10,519.82 paise and the paddy of Sitaram was sold for Rs 6,500.00. Both of them reached village Arjunda by a bus and started on a bicycle for their home. Sitaram (appellant No.4) was driving the bicycle, while Lakhanlal (P.W.1) was sitting at the back of the carrier. Two persons near the place of incident, met Lakhanlal and they got him down from his bicycle, threw chilly powder into his-eyes and snatched Rs. 10,000 from him. Lakhanlal then went to the house of the Kotwar Babulal (P.W.4). Sitaram (appellant No.4) also reached there. Both of them went separately and informed the said Kotwar that they have been looted on the way, on 28-12-1986 at 1.00 a.m. Lakhanlal (P.W. 1) lodged his report in police station house at Arjunda. The polite reached on the spot and found the bicycle of accused Sitaram lying on the spot. On 30-12-1986, an amount of Rs. 16,150 was seized from the possession of the appellant No.1 Mohtarooram.

(3.) P.W. 1 Lakhan Lal has admitted in his statement that he could not identify anyone of the culprits at the time of the incident. He knows the appellants, but, in his report (Ex-P 1), he did not name them. The learned Lower Court has relied on the circumstances only to convict the appellants. The bush shirt of Jethuram, which was seized from his possession, had four buttons, instead of five. Over those buttons, You-Like-Shiva was written. A similar button, over which also, You-LikeShiva was written, had been recovered from the spot of the incident and was seized by Ramesh Kumar Pandey (P.W. 12). On the sis of this recovery, the Trial Court held that the appellant No.3 Jethuram was present on the spot at the time of the incident.