DHANAPAL Vs. STATE

JUDGEMENT

(1.) The sole accused in a case of robbery, who stood charged, tried, found guilty under Section 397 IPC and sentenced to undergo RI for eight years with a fine of Rs.4000/- in default 6 months RI has brought forth this appeal.

(2.) . The short facts necessary for the disposal of this appeal can be stated as follows:

(3.) . In order to prove the charges levelled against the accused, the prosecution examined 10 witnesses and marked 14 exhibits and 5 M.Os. On completion of the evidence on the side of the prosecution, the accused was questioned under Section 313 of Cr.P.C. as to the incriminating circumstances found in the evidence of the prosecution witnesses, which he flatly denied as false. No defence witnesses were examined. On consideration of the rival submissions made and careful scrutiny of the materials available, the trial court found the accused guilty under Section 397 IPC and sentenced to undergo imprisonment as referred to above. Aggrieved appellant has brought forth this appeal.