GULSHAN KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred against the judgment of conviction and order of sentence dated 20.05.2015 passed by the Second Additional Sessions Judge, Janjgir, District Janjgir-Champa (CG) in Session Trial No.239/2014, convicting the accused/appellants under Sections 395 & 341 of Indian Penal Code (for short 'IPC') and sentencing each of them to undergo RI for 10 years with fine of Rs.3000/-, SI for 1 month with fine of Rs.500/- & SI for 15 days with default stipulations, respectively.

(2.) The prosecution case, in brief, is this that complainant Ruknuddin PW-12 is the driver of truck bearing registration number CG 04-JC8255. On 27.8.2014 at about 7 pm when the complainant was driving the said truck which was loaded with cement, four persons came on the motorcycle, stopped the truck and they not only assaulted him by hands and fists but also looted cash of Rs.3,800/-, driving license, voter ID card, one Samsung Mobile Phone and key of the truck. Thereafter they fled from the spot. A written complaint was presented by him in the Police Station Birra. Investigation in the matter was done by the Police Station Nawagarh and after completion of investigation, charge-sheet was filed against the appellants.

(3.) Appellants were charged with offence punishable under Sections 341, 394 & 395 of IPC. The appellants denied the charges framed against them and prayed for trial. On completion of prosecution evidence, the appellants were examined under Section 313 of CrPC in which they denied all the incriminating evidence appearing against them in the prosecution case, pleaded innocence and false implication. They have not examined any witness in their defence.