ANJU@ CHAND KHAN Vs. STATE OF M.P.

JUDGEMENT

(1.) The impugned judgment of the High Court of Madhya Pradesh, Bench at Gwalior, upholds conviction of Anju @ Chand Khan under Sec. 394 of the Indian Penal Code, 1860, for voluntarily causing hurt in committing robbery. He has been sentenced to rigorous imprisonment for seven years with a fine of Rs.500.00.

(2.) The impugned judgment acquits Jitendra Kushwah @ Jeetu and Rafik @ Rakib. The State has not preferred any appeal against their acquittal. The fourth accused, Kamlesh @ Lature Jatav, whose Digitally signed by Dr. Mukesh Nasa conviction was upheld by the High Court, did not file any appeal against his conviction, and we have been informed that he has been released on completion of sentence. Possibly, he was also involved in some other case.

(3.) On the question of the appellant's involvement, testimony of the injured victim, who was also the informant, Suresh Kori (PW-1), is significant. On midnight of 15/2/2012, Suresh Kori returned from Delhi and had parked the truck that he had driven, in front of the truck owner's house in Dabra. Suresh Kori had then proceeded towards his house situated in Deedar Colony on foot when two persons accosted him in front of Happy Sardar's house. One of them was tall, and the other was short with a wheatish complexion. They took Rs.6800.00 in cash and two mobile phones out of his pocket. Thereupon, two more persons, armed with pickaxes, joined them. They inflicted wounds on his head and right leg. Suresh Kori had returned to the truck owner's house and thereafter went to the police station for reporting the complaint. He was given medical treatment before he went home. He identified the present appellant - Anju @ Chand Khan, Kamlesh @ Lature Jatav, and Rafik @ Rakib, but he could not identify Jitendra Kushwah @ Jeetu. At the same time, he had claimed that all of them had committed the offence, and further, the accused were threatening him to compromise else they would kill him.