NARAYAN AND ANR Vs. THE STATE OF M.P

JUDGEMENT

(1.) This Criminal Appeal under Section 374 (2) of Cr.P.C . has been filed against the judgment and sentence dated 9.3.2005 passed by Shri P.S. Patidar, Special Judge (MPDVPK Act), Sheopur in Special Sessions Trial No.1/2004 by which the appellants have been convicted under Sections 307 read with Section 34 , 365 , 366 of IPC and have been sentenced to undergo the rigorous imprisonment of seven years and a fine of Rs.1000/-, rigorous imprisonment of seven years and a fine of Rs.1000/- and rigorous imprisonment of 7 years and a fine of Rs.1000/-, with default imprisonment respectively. All the sentences have been directed to run concurrently.

(2.) The necessary facts for the disposal of the present appeal in short are that Mansingh Kaurav, ASI was posted as Station House Officer, Police Station Ochhapur, District Sheopur and was on patrolling along with the police party. At about 6:00 PM when he reached near Village Bagcha, he heard the hue and cry of the villagers. They saw that the armed miscreants were forcibly taking a girl out of the village and two persons were trying to rescue her. The armed miscreants were assaulting the persons by the handle of the gun. The father of the girl was shouting that the armed miscreants are forcibly trying to take the girl with them. On this issue, the police party challenged the miscreants and asked them to leave the girl. After noticing the police party, the miscreants started firing at the police party, the police party in reply also fired at them. One of the miscreants sustained a gunshot and tried to take shelter in the village, whereas two miscreants ran towards the forest area. When the police went to the village, they found that one miscreant was lying dead in the courtyard of Ramdayal who was identified by the villagers as dacoit Gopal Kachhi and the villagers also informed that two miscreants who have ran away are Narayan and Suresh Adivasi (appellants). The villagers also informed that the dacoits have come to forcibly take away the girl and two persons who were trying to save the girl are Lalaram and Kashiram. Accordingly, Dehati Nalsi Ex.P/2 was written and the FIR was registered on the basis of Dehati Nalsi which is Ex.P/3. The police after arresting the appellants and concluding the investigation filed the charge sheet for offence punishable under Sections 365 , 307 , 34 of IPC, under Section 25 / 27 of Arms Act and under Section 11/13 of MPDVPK Act.

(3.) The Trial Court by order dated 8.1.2004 framed charges under Section 307 or in the alternative 307/34, 365, 366 of IPC , under Section 25 (1-B)(a), 25(1) of Arms Act and under Section 11/13 of MPDVPK Act. The appellants abjured their guilt and pleaded not guilty.