RAM RATAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant is before this Court in this appeal assailing the judgment dated 23.02.2017 passed by the Pradesh. Though the said appeal was disposed of by the High Court along with the companion appeal, the consideration herein is limited to the case against the appellant herein i.e. Ram Ratan who was arrayed as the first accused before the trial court.

(2.) The appeal before the High Court was filed by the appellant, being aggrieved by the judgment dated 31.07.2013 passed by the Special Judge (MPDVPK Act) 1981, Sheopur in Special Case No.13/2013 (old case No.26/2012). Through the said judgment, the trial court has convicted the appellant along with the other two accused namely, Chotu and Raju alias Rajendra under Section 392 and 397 of Indian Penal Code ("IPC" for short) read with Section 11/13 of Madhya Pradesh Dakaiti Aur Vyapharan Pravbhavit Kshetra Adhiniyam 1981 Act ("MPDVPK Act, 1981" for short) and sentenced the appellant and other accused to rigorous imprisonment of 7 years with fine of Rs.1000/­, in default of the same, to undergo imprisonment for a further period of 4 months. The co­accused Raju alias Rajendra was further convicted and sentenced under Section 25 (1­ B) (a) of Arms Act to one­year rigorous imprisonment with fine of Rs.500/­, in default of the same, to further undergo 2 months rigorous imprisonment. Though all the three accused had filed the respective appeals before the High Court against the said conviction and sentence, the co­accused Chotu died during the pendency of his appeal, due to which the said appeal abated. As noted above, though the appeal of Raju alias Rajendra was also considered by the High Court through the common judgment, the present appeal is filed by the appellant alone and as such the conviction and sentence of the appellant based on the contentions put­forth on his behalf only are adverted to in this judgment.

(3.) The brief facts are that one, Rajesh Meena lodged a complaint on 27.06.2012, alleging that on the intervening night of 26­27/6/2012, while he was sleeping in the hut constructed in the field to guard the crops, at about 02:30 a.m, the appellant along with Raju alias Rajendra and Chotu came to him and woke him up. The said Raju alias Rajendra was having a gun with him and on pointing the same towards the chest of the complainant, demanded to part with the money. The complainant informed that he did not have any money, due to which the key of his motorcycle was snatched and the said Raju alias Rajendra also took out the mobile phone from the pocket of his shirt. Thereafter, all the three accused persons forced the complainant to sit on the motorcycle along with them. When they reached the village Nanawat, the motorcycle got punctured and therefore all the persons compelled the complainant to get down from the motorcycle and the motorcycle was taken away. By the said time since it was dawn, his uncle named Tulsiram was passing by to milk the buffaloes. The complainant narrated the incident, following which, steps were taken to lodge the complaint. The police having taken action, recovered the motorcycle as also the mobile phone and apprehended the accused. The police on completing the investigation filed the chargesheet against the appellant for the offences under Sections 392/397 of IPC and under Sections 11/13 of MPDVPK Act, 1981.