LAWS(CHH)-2011-7-97

RAJESH KUMAR Vs. STATE OF M.P.

Decided On July 22, 2011
Rajesh Kumar And Another Appellant
V/S
STATE OF M.P. (NOW C.G.) Respondents

JUDGEMENT

(1.) This appeal is directed against the judgment dated 23rd of August, 1995 passed in Session Trial No. 135/94 by the Additional Session Judge, Khairagarh, Camp Kawardha. By the impugned judgment, the appellants have been convicted u/s 394 & 397/34 IPC and sentenced to undergo R.I. for 7 years and pay fine of Rs. 1,000/- and R.I. for 7 years respectively with a further direction to run the sentences concurrently. The facts, briefly stated, are as under:--

(2.) The conviction of the appellants is solely based upon the identification of the currency notes.

(3.) Mr. Ravi Kumar Bhagat, learned counsel appearing on behalf of the appellants, argued that the seizure of the currency notes from the possession of the appellants were not proved and the identification of the currency notes was also not possible, therefore, the entire story of the prosecution becomes doubtful.