SARMAN Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has preferred this appeal against the judgment dated 16.8.2010, passed by First Additional Sessions Judge, Jabalpur in S.T. No.208/2009, by which he was convicted for offence punishable under Section 392 of I.P.C. and inflicted with the sentence of rigorous imprisonment for three years with fine of Rs.1000/-; in default of payment of fine he was to undergo additional rigorous imprisonment for one month.

(2.) The prosecution story in short is that, on 23.11.2008 the complainant Shashi Jain had visited Jain Temple at Shiv Nagar with her daughter Rekha Jain. At about 6.30 p.m when she was returning back from the temple to her house situated at Hanumantal, someone snatched her golden chain from her neck. Chain was snatched by three persons riding on a motor cycle. The complainant lodged an FIR in Police Station, Gohalpur. After due investigation, police had arrested the appellant and recovered a golden chain from him. The appellant was duly identified by the complainant in the test identification parade. After due investigation a charge sheet for offence punishable under Section 392 of I.P.C was submitted before the committal Court against the appellant and one co-2 accused Chhiki alias Vikas Jat.

(3.) The appellant abjured his guilt. He did not take any specific defence but, he stated before the trial Court that he was falsely implicated by the Police. However, he did not adduce any evidence from his side.