HANSRAJ Vs. STATE OF M.P.

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the judgment dtd. 21/12/2022 passed by the learned Single Judge of the Madhya Pradesh High Court Bench at Indore in Criminal Appeal No. 1427 of 1999 whereby, the appeal preferred by the appellant under Sec. 374 (2) of the Code of Criminal Procedure, 1973 was dismissed. By way of the said appeal, the appellant had challenged the judgment dtd. 20/10/1999 passed by the learned First Additional Sessions Judge, Mandsaur, M.P. in S.T. No. 34 of 1999 whereby, the appellant was convicted for the offences punishable under Ss. 394 read with Sec. 397 of the Indian Penal Code, 1860 (hereinafter being referred to as 'IPC') and sentenced to undergo seven years rigorous imprisonment with a fine of Rs.1,000.00 and, in default of payment of fine, to undergo further rigorous imprisonment of three months.

(3.) The substratum of the prosecution story is that on 12/12/1998 at about 10:30 am, while the complainant Bhagu Bai was proceeding to her field, a person came from behind, closed her eyes, assaulted her with a knife and snatched away the silver anklet, a silver necklace and a silver bracelet which were worn by her. After committing the crime and injuring the complainant in the process, the assailant ran away from the spot. The complainant stated in the First Information Report (FIR) that she was not able to see or identify the assailant.