SHIV PRASAD Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 30.8.2008 passed by the Additional Sessions Judge (FTC) Surajpur, District Sarguja, in Sessions Trial No. 127/2008 convicting the accused/ appellant under Section 392/397 IPC and sentencing him to undergo rigorous imprisonment for seven years and pay fine of Rs. 1,000, in default of payment of fine to further undergo rigorous Imprisonment for one month.

(2.) Facts of the case in brief are that on 29.9.2007 at about 4.30 p.m. FIR Ex. PI was lodged by the complainant namely Parmeshwar (PW1) alleging that on 28.9.2007 at about 8 p.m. he had gone to Bhatgaon Sharab Bhatti on Hero Honda motorcycle of his brother to take liquor and while after taking liquor he was to start his motorcycle to get back, accused/appellant sat behind him and asked him to drop him at Telgawan. It is further alleged that as soon as they reached near a pond, accused/appellant putting a knife on his neck, made the complainant to stop the motorcycle and then forcibly took out Rs. 450 from his pocket and ran away with his motorcycle. It is alleged that the complainant returned home on foot and narrated the entire incident to his father and brother Kamal Kumar and then the report was lodged on the basis of which offence under Section 392 IPC was registered against the accused/appellant and after completion of investigation, challan was filed by the police on 24.10.2007 under Section 392 IPC. Criminal Case No. 580/2007 was tried by the Additional Chief Judicial Magistrate, Surajpur and the accused/appellant was convicted under Section 392 IPC and sentenced to undergo rigorous imprisonment for three years and pay fine of Rs. 1,000. Against the order of the Additional Chief Judicial Magistrate when appeal was preferred before the Additional Sessions Judge (FTC) Surajpur, order of the Magistrate convicting the accused/appellant under Section 392 IPC was set aside and the matter was remanded back to the said Magistrate with a direction to proceed further as apparently the offence u/s 397 IPC was also attracted. This order of the appellate Court was challenged by the accused/appellant before this Court by way of criminal revision No. 405/2008 but the said revision was dismissed by this Court and as a consequence of which the appellant was again tried by the Additional Sessions Judge for the offences under sections 392/397 IPC.

(3.) So as to hold the accused/appellant guilty, prosecution has examined 04 witnesses in support of its case. Statement of the accused/appellant was also recorded under Section 313 of the Code of Criminal Procedure in which he denied the charges levelled against him and pleaded his innocence and false implication in the case.