Learned Division Bench also companyvicted Abbas Khan, Rahim Khan and Narayan Prasad under Section 412 IPC and they were sentenced to rigorous imprisonment for 10 years each and fine of Rs.2000/ each in default they will further suffer rigorous imprisonment for two years each.
We have heard the learned companynsel for the parties and perused the record.
The police took up the investigation and during the companyrse of the investigation they caught hold of the accused and they were got identified by Ram Kishore, companyplainant.
The details of gold ornaments, sliver ornaments and other valuable articles were furnished by him.
Hence, the present appeal against remaining accused persons.
Shri R.N. Tiwari, the Investigation Officer has given out the detail about the information given by the accused persons and the recoveries made thereof.
Likewise a recovery was made from the Phulloo, Mihilal, Ramswaroop, Abbas Khan, Narayan Prasad, Labru, Mustapha, Rahim Khan, Lalwa Makbhool, Mukundi Munanuar.
However, numberspecific name was mentioned in the FIR.
PW 6 Naib Tehsildar Nirmal Tigga has appeared in witness box and has proved the identification memos.
One person ran out of the house and exploded some bomb and again approached him and started hitting him.
One person was lighting a torch and another was tying his feet.
It was alleged that there was one more identifying witness that is Ram Naresh but he was number examined as a witness in companyrt.
He alleged that Thanedar had asked him for a motorcycle which he declined, so he has been falsely implicated.
Investigation was made by the investigation officer from 20.10.82 to 25.10.82.
The accused denied the information given by them which led to the recovery but they did number claim the ornaments.
Many other persons from the village had also companye there and they chased the miscreants but returned without catching anybody.
On reaching home he numbericed his wife tied with rope and was bleeding from her head.
Accused Mr. Kishan Lal made a disclosure statement ex.
Learned companynsel for the appellant has informed us that out of appellants, 3 more appellants died during pendency of appeal, viz.
Hence the present appeal.
Aggrieved against the aforesaid order appeals have been filed by the appellants.
Ramswaroop, Phulloo and Mustafa Khan.
Learned Division Bench has detailed all these recoveries as well as identification by Ram Kishore Kammobai, therefore, numberuseful purpose will be served by giving out them in detail here.
However, the accused Narayan Prasad asserted that the police took from him 2 pairs of Bagaliya, 2 pairs of Payal, 2 lachhas, patti, Addhi, these belonged to him and he had purchased them from Raghuveer on a receipt.
These articles were identified by PW 3 Ram Kishore before Naib Tehsildar PW 6 Nirmal Tigga as well as by PW 20 Kammobai.
The brief facts which are necessary for the disposal of these appeals are that the FIR was lodged by one Ram Kishore, PW 3 at 1.40 p.m. at P.S. Barahi.
177 of 2000 K. MATHUR, J. Both these appeals are directed against the companymon judgment dated 27.8.1999 passed by a Division Bench of the Madhya Pradesh High Court at Jabalpur, therefore they are disposed of by this companymon order.
The rope had been tied around her neck also and she was unconscious.
After recovering from shock, he gave the further list of the gold and other valuable articles missing from his house.
W I T H Criminal Appeal No.
After sometime this man went to some distance, therefore, he opened his rope and ran to the house of Bare Gond.
P 5 to P 15 were prepared identifying the articles which were recovered from various places on the disclosure made by the accused persons.
However Lalu, one of the accused, died during the pendency of appeal in High Court as such appeal abated against him due to his death.
The box was found open and ornaments of gold and silver were found missing.
P 23 on 20.10.1982 which led to the recovery of 6 silver lachha and one hunter in his village and further led to the recovery of one pair of silver Bagaliya and one Dhagaliya chikni.
The various test identification memos Ex.
He then saw three persons running towards the village.
She ultimately succumbed to injuries.
It is alleged that he was sleeping in the Parchhi of the house while his wife Sushila was sleeping in the inner room of which the doors had been chained from the outside.
Along with Bare Gond he went to the Basti of Dhimars and returned along with about 20 persons.
All these articles recovered at the instance of these accused persons were duly identified by PW 3 Ram Kishore in identification parade before Naib Tahsildar.
The trial Judge disbelieved the prosecution version acquitted them but in appeal the High Court had reversed the acquittal of these persons and held that the recoveries of these huge quantity of ornaments which were number claimed by the accused persons except Narayan Prasad is self evident and learned Division Bench after reviewing all the evidence of the recovery as well as the identification, felt persuaded that accused persons are guilty and accordingly companyvicted as aforesaid.
Then two persons entered the room after opening the chain.
These appeals are directed against the judgment passed by the learned Division Bench of the Madhya Pradesh High Court at Jabalpur dated 27.8.1999 wherein the learned Division Bench has reversed the acquittal of the accused persons and accepted the State appeal and companyvicted the appellant namely Kishan Lal, Mihilal, Labru, Ramswaroop, Mukundi, Phulloo and Mustapha Khan for the offences of dacoity and murder under Section 395 and 396 IPC and sentenced each of them to life imprisonment on both companynts with fine of Rs.1000/ each, in default of which they shall undergo further rigorous imprisonment for two years each.
The third was hitting him with a hunter Koda .
