SABIR Vs. STATE OF M.P.

JUDGEMENT

(1.) The instant criminal appeal under Section 374 of Cr.P.C has been filed by the appellants against the order dated 17.03.2015 passed by Additional Sessions Judge, Sironj to the Court of Additional Sessions Judge, Sironj District Vidisha in S.T.No.331/2013 whereby appellants namely- Sabir @ Bhaiya Trektar, Ameer @ Hamja and Parvez @ Nakta have been convicted for the offence punishable under Section 458 of IPC and sentenced to undergo five years RI with fine of Rs.1,000/- each and under Section 392 of IPC and sentenced to undergo five years RI with fine of Rs.1,000/- each and appellant namely Rohit Soni has been convicted under Section 411 of IPC and sentenced to undergo two years RI with fine of Rs.1,000/- with default stipulations.

(2.) The brief facts of the case of prosecution are that complainant-Bharosi Kushwaha lodged the FIR stating that at about 1 am at midnight at agriculture field when the dog was barking, at that time three unknown persons came to complainant with covered face and asked the address of a person. When the complainant showed his ignorance and called his wife namely-Rajbai, and brother-in-law then and appellants went away. Next day in the morning when complainant came to know about the fact that articles (silver and gold) of Rs.82000/- are missing, he lodged the complaint.

(3.) After investigation, charge-sheet was filed. Thereafter, case was received by the Sessions Judge for trial.