MANISH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This is a revision against judgment and order dated 28/01/2019 rendered in Criminal Appeal No.320/2018 by 5th Additional Sessions Judge, Ujjain, whereby learned appellate Court has confirmed the conviction of the petitioner under Section 380 of IPC and has converted his conviction from Section 454 of IPC to Section 451 of IPC. The learned appellate Court has confirmed 2 years imprisonment for the offence under Section 380 of IPC and reduced the fine amount from Rs.1000/- to Rs.500/-, while reduced the sentence from 2 years to 1 year with fine of Rs.500/- for the offence under Section 451 of IPC. Both the sentences are directed to run concurrently.

(2.) Prosecution case in brief is that on 25/10/2017 at about 15:45 hours, complainant Vikas and his mother Pramila Tripathi were sleeping in their house at LIG, C 16/7 situated in Rishi Nagar, Ujjain. Two unknown miscreants entered into their house and picked up a bag kept on the almirah, containing 3 jeans, 3 shirts, some documents and cash approx. Rs.6000/-. They woke up, chased them and caught one of of them on the spot, who revealed his name as Rohit, who had the bag and the clothes. His companion ran away.

(3.) Both Rohit and Manish were charged under Sections 454 and 380 of IPC. After the trial, they were convicted and punished as stated in para-1 above.