JALO BHOI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 against judgment dated 25.06.2012 passed by Second Additional Sessions Judge, Mahasamund (C.G.) in Session Trial No. 71/2010, wherein the said court convicted all the five appellants for commission of offence under Sections 450, 395 & 397 of IPC, 1860 and sentenced to undergo R.I. for 5 years and fine of Rs. 1000/-, R.I. for 5 years and fine of Rs. 1000/- & R.I. for 7 years and fine of Rs. 1000/- respectively each with further default stipulations.

(2.) As per version of the prosecution, complainant- Manoj Agrawal resides with family at compound of Laxmi Rice Mill along with his brother Deepak Agrawal. On 31.07.2010 at about 9:30 p.m., they were sleeping after bolt the door where four unknown persons entered into room and caused grievous injuries to him and thereafter, removed cash and jewelery from his house. Matter was reported and investigated and after completion of trial, the trial court convicted as mentioned above.

(3.) Learned counsel for the appellants submits as under:-