BADRI PRASAD PRAJAPATI Vs. STATE OF M P

JUDGEMENT

(1.) These two appeals have been preferred against the judgment of conviction and order of sentence passed by trial Court convicting appellants under Ss. 460/ 34 and 397/34, I.P.C. Apart from the said conviction, appellants have been further convicted under Ss. 323/34, I.P.C. Both the appellants have been sentenced to 7 years rigorous imprisonment under Ss. 460/34, I.P.C. as well as under Ss. 397/34, I.P.C. Apart from these sentences, both the appellants have been sentenced for one year R.I. under Ss. 323/34, I.P.C.

(2.) In brief the case of prosecution is that in the locality of civil line of Panna, Dr. Hemant Sinha and Dr. Veena Sinha are having a hospital-cum-residential building. In the night of 28-6-2001 (2.30 a.m.) P.D.S. Bundela Station Officer In-charge was patrolling in the city, at that juncture he heard the hue and cry coming from the house of Dr. Hemant Sinha, as a result of which he entered in the house to enquire the matter, where Dehati Nalishi (Ex. P-7) was lodged by Dr. Hemant Sinha that he heard some whisper, as a result of which he woke up and noticed that some person is inside his house, he was under impression that person may be his son Tanmay, and therefore he called by naming him and when he did not respond, he went to his room and found that he was sleeping. The light of open courtyard was on and when he Inspected the open courtyard, he found one lattice to be broken. He further noticed that one person having a katta in his hand was standing nearby the bunglow of one judicial officer and when he tried to catch him, he after brandishing the Katta jumped over the wall and fled. At that Juncture, one person having beard came out from his worship room, he was having one box in his one hand and in another hand he was holding a Katta. On seeing Dr. Hemant, he ran towards the wall and threw the box and when he tried to climb the wall, Dr, Hemant caught hold his leg. On hearing his hue and cry, his wife Veena Sinha, son Tanmay, daughter Kanu Priya and servant Lakhan ran towards the said intruder. The said intruder shouted that no one should come otherwise they may face dire consequences, thereafter he fired the Katta, as a result of which complainant sustained injury on his left shoulder. Anyhow the said miscreant was overpowered by his son, daughter and other persons, thereafter Dr. Hemant directed his wife to find out what articles have been stolen. In the meantime, his son on telephone, informed certain persons about the incident. The miscreant who was caught, on being asked, stated his name to be Mahendra Shrivas and the person who fled, was said to be Bhagwandeen. Intruder Mahendra further stated that two persons, namely, Dhirendra Verma and Badri Prajapati (appellants) accompanied Bhagwandeen on a motor cycle and dropped him near the house of complainant. In the Dehati Nalishi report, he gave the details of the articles which were stolen.

(3.) On the basis of Dehati Nalishi, a case was registered and investigation was initiated. During the investigation, Investigating Officer seized a country made pistol as well as two cartridges from accused Mahendra. Other tools to commit robbery were also seized from him. Accused- Mahendra was arrested from spot and he was sent for medical examination since he received certain injuries. On 28-6-2001 appellants were arrested and at their instance certain stolen articles were recovered.