GAJENDRA @ PAPPU SAHU Vs. STATE OF C.G.

JUDGEMENT

(1.) This Criminal Appeal under Sec. 374 (2) of CrPC has been filed against the judgment of conviction and order of sentence dtd. 26/6/2018 passed by 1st Additional Sessions Judge, Raipur in Sessions Trial No. 52 of 2018 by which appellant Gajendra @ Pappu Sahu has been convicted under Ss. 394 read with 34 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for 7 years and to pay fine of Rs.5000.00 in default of payment of fine to further undergo RI for 6 months.

(2.) Prosecution case in brief is that the complainant has lodged the complaint before Police Station Khamtari on 5/3/2017 at about 3:00 PM alleging that after dropping her sister at Urkura Railway station, he returned towards his bike Honda Shine where it was parked there two unknown persons already standing there asked him about the road in which one person came to him, threatened him on the knife point and looted his mobile, key of his motorcycle, three ATM cards, cash of Rs.350-300 and one account payee cheque of Rs.8,000.00 thereafter fled away from there. On the basis of report, FIR (Ex.P-8) offence under Sec. 392 of the IPC was registered against unknown person. The police started investigation; prepared map and recorded memorandum statement of co-accused and on the basis of memorandum statement of co-accused other articles were recovered from the accused.

(3.) After completion of the investigation, charge sheet was filed before the Court of Judicial Magistrate First Class, Raipur who in turn committed the case to the Court of Additional Session Judge, Raipur which was registered as Sessions Case No. 52 of 2018.