KERMA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appe-Ilants by this appeal have challenged the judgment of conviction and order of sentence dated 22/11/2000 passed by Additional Sessions Judge, Karera in Sessions Trial No. 290/99 convicting them under Section 395 of the Indian Penal Code (hereinafter referred to as IPC) and sentencing them to suffer R.I. seven years and fine Rs. 2000.00 in default further six months R.I. each.

(2.) No exhaustive statements of facts are necessary for the disposal of this appeal. Suffice it to say that on 22.3.99 one Bus no. MP. 08/9099 which was being driven by driver Gajendra Singh, was coming towards Gwalior. In the Bus Samarpal Singh (PW.2) was the conductor, when this bus reached near Nariya at that juncture some miscreants who were hidden in the bushes came out and encircled the bus. These miscreants looted the passengers. In the meantime Dharmendra Yadav (PW.7) along with his friend Rajendra Gurjar was coming in a jeep, he was having cash Rs. 50,000.00 (rupees fifty thousand). These mis-creants stopped the jeep and Dharmendra Yadav was also looted. Thereafter one tractor No. MP. 08/A-8749 which was being driven by Rangavendra Singh (PW.4) came at the spot. In this tractor complainant Raja Bhaiya, Jayendra Singh, Gopal Singh and Komal Singh were sitting. Complainant Raja Bhaiya (PW.5) was having his licensee 12 bore gun. These miscreants also stopped the tractor and two miscreants snatched the gun of complainant Raja Bhaiya. All the miscreants were of dark complexion and one of them was wearing the robe which is being worn by military persons.

(3.) Complainant Raja Bhaiya along-with Gajendra Singh, Samarpal Singh and one Sushil Chandra lodged a report at police Chowki Amolpatha which comes under the jurisdiction of P.S. Amola. The report is Ex. P-4. On lodging the report, criminal law was set in motion. The investigating officer at the instance of complainant Raja Bhaiya arrived at the spot, prepared the spot map, seized the licence of the gun of Raja Bhaiya. The accused persons were arrested on 21.6.99 and the gun was recovered on 7.7.99 vide Ex.P-19 from the Pator of appellant Nanuram. Similarly one brown pant was seized from accused Kerma vide Ex.P-13 and one shirt was recovered from accused Gulab Singh vide recovery memo Ex.P-15-A, trouser and shirt were recovered on 7.7.1999.