MADANLAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS order shall govern the disposal of Criminal Appeal No.506/2003 {Kailash Vs. State of M.P.} and Criminal Appeal No.550/2003 {Madanlal Vs. State of M.P.} arising out of common judgment dated 03-09-2003 passed by learned First Additional Sessions Judge, Guna in S.T.No.264/2001.

(2.) BOTH the appellants have filed these appeals against the judgment dated 03-09-2003 passed by learned First Additional Sessions Judge, Guna in S.T.No.264/2001 whereby they have been convicted for the offence under Section 394 of IPC and sentenced to undergo 5 years' RI with fine of Rs.500.00 each with default stipulation.

(3.) ON behalf of appellant -Kailash, learned counsel for the appellant submitted that learned trial Court is not justified in convicting the appellant-Kailash despite the finding being recorded in paragraphs 19 and 20 of the impugned judgment in which it has been held by learned trial Court that the wallet and rupees which alleged to have been seized on the memorandum of appellant -Kailash have been received by the police earlier and thereafter the memorandum and seizure memo have been prepared, therefore, the seizure on the basis of memorandum of appellant -Kailash has not been proved. On the other hand, it is proved that the memorandum and seizure memo has been prepared later on. It has further come in the evidence that appellant -Kailash was having some contumacy with the complainant and learned trial Court has disbelieved this fact. Since the recovery from appellant -Kailash is doubtful therefore, he should have been given the benefit of doubt.