CHITWA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Mr. Goutam Khetrapal, Advocate has been engaged for arguing the case on behalf of the appellant. Despite repeated calls, he has not appeared when the case is called for final hearing, therefore, Mr. Amiyakant Tiwari, Advocate, who is present in the Court has been appointed as Amicus Curiae to argue the case on behalf of the appellant.

(2.) This appeal is preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 against judgment dated 26.12.2008 passed by Second Additional Sessions Judge (FTC), Surajpur, District- Surguja (C.G.) in Session Trial No. 21/2007, wherein the said court convicted the appellant for commission of offence under Section 394 read with Section 397 & 34 of IPC, 1860 and sentenced to undergo R.I. for 10 years and fine of Rs. 100/- with further default stipulations.

(3.) As per version of the prosecution, the appellant and other coaccused persons on 16.01.2006 at about 10.00 p.m. committed robbery of Rs. 2000/- from complainant- Sushant Kumar (PW-6) when he was going to his house Subhash Nagar from Village- Silfili. The matter was reported, the appellant was charge-sheeted and after completion of trial, the trial court convicted as mentioned above.