ROHIT JAIN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This acquittal appeal is preferred against the judgment of acquittal dated 27-9-2012 passed by the Fifth Additional Sessions Judge, Raipur, Sessions Division Raipur(CG) (for short, "the trial Court") in Sessions Trial No. 138 of 2010 wherein the trial Court has acquitted respondent Nos. 2 to 7 of the charges under Sections 397, 120B of the Penal Code and Sections 25 (a) and 27 of the Arms Act 1959.

(2.) As per the case of prosecution on 8.5.2010 at about 17.12 hrs., three persons came on a Pulsar Motorcycle bearing registration No. CG 04 DG 8767 armed with deadly weapons i.e. country made revolver/ pistol(katta) and entered into the shop of the appellant situated at Sadar Bazar (behind Jain Temple), Raipur, threatened him and other persons present there with dire consequences and thereafter robbed golden chain from Rohit Jain, golden ring from Yogendra, golden ring from Pintu @ Shantilal, mobiles of Nokia and Samsung Company and cash of Rs.5 lacs and fled away.

(3.) On the basis of report lodged by Rohit Jain, Police of City Kotwali, Raipur registered an offence against the unknown person. During course of investigation on the basis of discovery statement some cash and mobile phone was seized from respondent Shiv Kumar Chouhan, some cash, mobile and country made revolver was seized from respondent Vinod Kumar Tharani, some cash T.V. and other articles from respondent Sunil Ajgalle, cash from respondent Gajendra Verma @ Gajju, golden chain, ring, country made revolver and cash from respondent Montu @ Bhushan Verma and cash and country made revolver from respondent Mona @ Lokesh Verma.