ARJUN YADAV AND ANOTHER Vs. STATE OF M.P.

JUDGEMENT

(1.) Appellants Arjun and Mahesh stand convicted for an offence punishable under section 395 Indian Penal Code and sentenced to R. I. for 5 years with fine of Rs. 1000.00 each by the impugned judgment and order dated 6-5-2002, passed by Additional Sessions Judge, Khurai, in Sessions Trial No. 133/2001.

(2.) The prosecution case in brief is that in the intervening night of 12/13-9- 2000, complainants Deepak Jaiswal (PW-2) and Mevalal (PW-4) were travelling by Ahmedabad-Gorakhpur Express Train for their respective destination. The train moved from Bina Station at about 12.08 A.M. When the train was rolling between village Karoda and Mohasa, certain miscreants pulled the chain to stop the train and looted the suitcase and other articles of Deepak Jaiswal and Mevalal on the point of revolver. Mahesh Singh was travelling in the same train in another compartment. His articles were also looted by the miscreants. After the incident of dacoity, the train moved from the spot and stopped at Lalitpur Station where Deepak Jaiswal and Mevalal informed the police about the incident. Thereafter, when the train reached Jhansi, a written report Ex. P-1 was lodged at GRP, Jhansi. As the incident took place within the jurisdiction of GRP, Bina, the matter was transferred to it.

(3.) Appellants and seven other accused persons were arrested. In pursuance of the information given by the appellant Arjun currency notes of Rs. 800.00, a white shirt and one attache were recovered. At the instance of appellant Mahesh, one pant and currency notes of Rs. 800.00 were recovered. The recovered articles were identified by complainant Deepak Jaiswal and Mevalal. They also identified the accused persons. One countrymade pistol which is alleged to have been used in commission of the offence was also recovered at the instance of appellant Mahesh.