MANOJ Vs. STATE OF M.P.

JUDGEMENT

(1.) The appellant has preferred this criminal appeal under Section 374 of the Code of Criminal Procedure, 1973 (for short "The Code") against the judgment dated 26.07.2019 passed by Additional Sessions Judge, Jobat District Alirajgarh in Session Trial No.7/2018 whereby the appellant has been convicted for the offence punishable under Section 392 (two counts) of I.P.C . and sentence to undergo 3 years R.I. with fine of Rs. 1,000/- for each counts with default stipulation.

(2.) The prosecution story is in short is that on 22.06.2017 at about 17:00 pm the complainant Girish Devda went back to Jobat with his mother Indu Ben by his motorcycle bearing registration number GJ- 06-FS-0998. When he reached near the Village Kolyabayda Road at that same time three unknown persons came on motorcycle bearing registration number MP-45-MA-1499. They overtook them and stopped their motorcycle. Thereafter one person came and robbed his wrist watch, one mobile phone of Redmi 4-A company, and his mother's gold chain, gold tops, gold ring valued Rs. 61800/-. After that they fled away. The complainant lodged FIR at police station Bori District Alirajpur on the same day. On the basis of which crime number 40/2017 for commission of offence under Section 392 of I.P.C . was registered against the unknown persons.

(3.) During investigation, police visited the place of occurrence and prepared spot map Ex. P/2. On production by the complainant, police seized the bill of mobile Redmi 4-A. Police apprehended the accused persons and on the basis of memorandum of accused Aalam, one gold ring, wrist watch and a motorcycle bearing registration MP-45-MA- 1499 was seized whereas on the instance of the present appellant Manoj one mobile phone, gold chain was recovered. Their test identification parade was also conducted in which complainant Girish Devda identified the accused persons. Identification of seized article was also conducted. After completion of the investigation, the charge- sheet was presented before the Judicial magistrate First Class, Jobat who committed the case to the court of Session Court and ultimately it was transferred to the Additional Sessions Judge, Jobat, District Alirajpur.