SUNIL KUMAR SINHA, J.

( 1 ) THIS appeal is directed against the judgment of conviction and order of sentence dated 6th December, 1989 passed by the Addl. Sessions Judge, Khairagarh, distt. Rajnandgaon, in Sessions Trial No. 24/1989 whereby the appellants have been convicted u/s 457, 394 and 450 IPC and sentenced to undergo rigorous imprisonment for 3 years, 5 years and 5 years respectively. The sentences have been directed to run concurrently.

( 2 ) THE facts of the case are that on 08-9-1988 p. W. 1 Dulichand and his wife Kamala (P. W. 2) alongwith their daughter, namely Ku. Sushma were sleeping in their house. Dulichand was a shop keeper, who was having one small shop in a portion of the said house. In the mid night, they heard some noise, on which they woke up. There was no light in the village, therefore, P. W. 1 switched on his Torch and saw that two persons were trying to take away the cash box of his shop. One of the said persons had covered his face with some cloth (Lungi ). When they saw that the complainant (P. W. 1) has woken up, the person who had covered his face, assaulted him with the help of iron chain (Sakal which is used in the village for closing the doors ). P.

Click Here to Read the rest of this document