KUNJI LAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred the present appeal being aggrieved with the judgment dated 30.9.1996 passed by the First Additional Sessions Judge, Satna in ST No. 20/1989 whereby the appellant has been convicted of offence under Section 397 of IPC and sentenced to seven years' rigorous imprisonment.

(2.) THE prosecution story, in short, is that in the midnight of 10th and 11th June, 1988, 5 -6 persons entered at Village Karondiya (Police Station Amdara District Satna) to commit robbery. Some of the culprits entered in the house of Sukkhu by house breaking. Ultimately some of them held the victim Sukkhu (PW -3) and the appellant Kunji Lal after showing a dagger asked him for keys of his almirah. The appellant also assaulted him with a dagger on his right chest, however Sukkhu caught the appellant, whereas on his shouting the witnesses came and other culprits ran away. While leaving the place, they robbed Kalawati (PW -15) and took her silver payal and a watch. When the appellant was caught red handed, the villagers assaulted him and he was taken to the Police Station Amdara. Sipahilal (PW -1) son of Sukkhu had lodged an FIR Ex.P -1 at Police Station Amdara and handed over the appellant to the police, who was arrested by the police and the memo of arrest Ex.P -23 was prepared. The appellant was sent for his medico legal examination and treatment. The victim Sukkhu was also sent for the medico legal examination and treatment by Sub Inspector R.P. Richhariya (PW -16). Thereafter various accused persons were arrested and the test identification parade etc. had been arranged against those persons. The articles of robbery had also been seized from some of the culprits. Ultimately a charge sheet was filed before the JMFC Maihar, who committed the case to the Court of Sessions and ultimately it was transferred to the First Additional Sessions Judge, Satna.

(3.) THE trial Court after considering the prosecution evidence acquitted all other accused persons except the appellant Kunji Lal, who was convicted and sentenced as mentioned above.