SHANKAR Vs. STATE OF M.P.

JUDGEMENT

(1.) At the very outset, learned counsel for the appellant in CRA No. 1376/2021 submits that the appellant is not arguing his appeal on merits of the case, but praying for reduction of the sentence from five years to the period already undergone.

(2.) As per the prosecution story, on 22/11/2016, complainant Ganesh resident of Nisarpur, District Dhar engaged in the business of bricks manufacturing, was going to his daughter's house in Village Navagaon, Maharashtra via Vill. Niwali from his motorcycle. Near about at 3.00 pm. When he reached Village Talav, two unknown miscreants overtook him on a new motorcycle and asked him as to where he is going. He replied that he is going to his daughter's house. They get down from the motorcycle and snatched 17 currency notes of 100-100 denomination, in total Rs.1,700.00 and took out his Nokia mobile valued at Rs.1,100.00. In between, Mahendra and Nitesh (P.W.4 and P.W.5) came there and the said two miscreants ran away on their motorcycle. Thereafter, he went to the police station and lodged the FIR against the present appellants. The police registered the FIR u/s. 394 of the IPC against the appellant by name because their names were was disclosed to the complainant by Mahendra and Nitesh.

(3.) Complainant - Ganesh was medically examined and as per the MLC (Exh. P/19), he has suffered a contusion on his left cheek by a hard and blunt object.