KANA @ KISHNA & KANHAIYALAL Vs. STATE

JUDGEMENT

(1.) This is an appeal by the accused appellant from Jail. The appellant Kana @ Kishan @ Kanhaiyalal has been convicted by the Special Judge, SC/ST, Prevention of Atrocities Cases, Pratapgarh for the offences under Sections 302 and 397 IPC, and for each of the offences, has been sentenced to imprisonment for life along with a fine of Rs. 5000.00, in default of payment of fine, to undergo two months simple imprisonment, both substantive sentences have been ordered to run concurrently.

(2.) The case of the prosecution is that on 13.08.94, one Mangu submitted an oral report at Police Station Nikumbh, to the effect that one Babri wife of informant's Bhanej Nanda, along with two years old child, is lying in the Nala, with both foot amputated. It was alleged that some unknown miscreant has killed them, and has taken away the silver anklets of Babri, which weighed around 900 grams. It was also given out that Babri had gone to graze the goats previous day, and did not return. On this report, a case was registered, and investigation undertaken, wherein, site was inspected, inquest report was prepared, autopsy was got conducted, statement of witnesses were recorded, and certain belongings like umbrella, Lota, Katori, Towel, slipper and the garments of the deceased were seized, and dead body was delivered to the heirs for cremation. However, despite efforts, the accused could not be located, and therefore, FR Adampata Mal MuIjiman was submitted. But then, under the orders of the Higher Officials, investigation was reopened. It is in this process that one accused Balu who was arrested in FIR No. 184/96 of Police Station Nimbaheda disclosed that this incident was committed by the present appellant. Thereupon, the present appellant was arrested, and according to prosecution, on his information, the weapon of offence "Churi" was recovered, and it was informed that the silver belongings were sold by him to Ramesh Chandra (the co-accused), which were recovered from Ramesh Chandra, the goods were got identified, the weapon of offence was sent for Forensic examination, and thereafter the charge sheet was submitted.

(3.) The accused Ramesh Chandra, against whom the only charge framed was of the offence under Sec. 411 IPC, has been acquitted by the learned trial court, on the ground that there is nothing to show that the accused has received the goods knowing them to be stolen property.