SHEIKH JUMMAN Vs. STATE OF M.P.

JUDGEMENT

(1.) L . Criminal Appeals Nos. 1268/88, 1286/88 and 366/89 arise out of a common judgment, dated 7 -12 -88 in S.T. No. 38/86, by Shri Yakub Ali, A.S.J., Shah dol. Accordingly, they are heard together and disposed of by common judgment. All the six appellants, namely,

(2.) THE prosecution story is, that on 23 -12 -85. at about 8 p.m., the complainant Ramesh was sitting inside his house in the kitchen with his wife Neeta, whereas, the complainant's father Ramswaroop, mother -Premwati and his brother and sister, respectively, Suresh and Krishnabai were warming up in the Angan. Those six accused/appellants arrived on two motorcycles. Three seated on each motorcycle. They entered the house. The appellants Sheikh jumman and Kishanlal were armed with country made pistols, appellant Ayub had a hockey stick and the remaining appellants had tangis -They threatened to set the house on fire and assaulted the complainant Ramesh and his father Ramswaroop Sheikh Jumman had fired the pistol in the air Ramesh was robbed of Rs. 250/ - kept in his pocket. Appellant Kishan alias Kishanlal threatened Neeta, wife of Ramesh and snatched a necklace with a small golden mohar, called ADDHI. Meanwhile, the complainant Ramesh went to police station Budhar situated at a distance of about 9 Kms., where the F.I.R. lodged at 9.15 p.m. was recorded by S.O. Shri R.P. Singh (P.N. 15), Offences u/s 395/397 I.P.C. and 5/27 Arms Act were registered (Ex. P -19). The inmates had raised a hue and cry and the miscreants after looting Rs 250/ and the golden ADDHI valued Rs.1,200/ -fied -away. This may be termed as FIRST STAGE of the "transaction").

(3.) SHRI Tiwari, S.I. (PW 14) went to the village. Site map was drawn. One empty cartridge and one live 32 bore cartridge and Fullari (probably beads) which were parts of the broken Necklace, were also seized. Ramesh, Neeta and Ramswaroop were sent for medical examination and were examined by Dr. Agrawal (P.W. 3). Arms and ammunitions were sent to F. S. L., Sagar who reported that the Pistols were in working order, and their barrels showed signs of discharge. The used cartridges were opined to have been fired from the pistol and other cartridges could be fired from the particular weapons described. Investigation further revealed, that the complainant Ramesh, two days before the incident had some quarrel with Ram Awtar and Shivlal (Accused -since discharged) who are friendly with Sheikh Jumman. It was further found, that one of the motor cycles belonged to PW 1 Chandra Prakash who had given it for repairs to accused Ayub. On 10 -1 -86, Sarpanch Ramgopal Soni conducted test identification of ADDHI which is alleged to have been identified correctly by Neeta (PW 13) and Ramswaroop (PW 7). On these allegations charge -sheet was submitted against all the eight accused. Six appellants it is said, committed dacoity at the instigation of Ram Awtar and Shivlal.