RANCHHOD Vs. STATE OF M P

JUDGEMENT

(1.) ALL the aforesaid appeals are arising out of same judgment of conviction and sentence, hence the same are taken up together and dispose of by this common judgment.

(2.) THE appellants have filed these appeals, challenging their conviction under Section 395 read with Section 397 of the IPC, sentenced to undergo RI for seven years with fine of Rs. 5,000/- to each appellant, in default whereof to undergo RI for one year, passed by learned III Addl. Sessions Judge, ujjain in S. T, No. 18/2004, judgment dated 23-8-2005.

(3.) ACCORDING to the prosecution case, on 22-8-2003 in the night at 10 p. m. , complainant Ramsingh after taking night meal, was sleeping along with his family members inside the house. Some of his family members were sleeping outside the house. In the night at 1. 30 a. m. he over heard the cry of his mother and nephew, at that time there was light of electric bulb. He saw that 8-10 persons having lathi and farsi were assaulting them and asking for ornaments. He gave Rs. 200/- to appellant Ramchandra. The miscreants assaulted him and his family members and also looted silver ornaments and cash amount. He identified deceased appellant Salim on spot. He named Govind, Ramchandra, salim and Ranchhod in the FIR. The appellants were arrested and from their possession looted property was seized. The property was identified in T. I. parade. During the course of investigation, police held T. I. parade of only accused Vikram who has been acquitted by the Trial Court. The names of the appellants appeared in 161 statement of the witness. After investigation, appellants were charge-sheeted for the above mentioned offences. The appellants denied the charges and pleaded innocence. The learned Trial Court found the appellants guilty, convicted them as mentioned herein above.