ROHIT @ MAHIPAL SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 19.7.2012 passed by the 4th Additional Sessions Judge, Tikamgarh in S.T. No.62/11, whereby the appellant was convicted for the offence punishable under Section 392 of IPC and sentenced for five years' R.I. with fine of Rs.1,000.00 and in default of payment of fine, three months' R.I. was directed.

(2.) THE prosecution's story in short is that, on 3.9.2010 at about 10:15 p.m. in the night, the complainant Deepchand (PW-1) was going from Raath to Tikamgarh on his motorcycle. He was accompanied with his brother-in-law Babulal (PW-6). From the direction of Mauranipur, one motorcycle overtook the motorcycle of the complainant. Three persons were riding on that motorcycle and they stopped the motorcycle of the complainant. One person, who was travelling on that motorcycle, remained on the motorcycle, whereas other two persons came to the complainant. They had a hand made pistols with them and thereafter, they snatched a sum of Rs.10,000.00 from the complainant. They also robbed a mobile phone of the complainant and thereafter, they went away with their motorcycle. Number plate of that motorcycle was not clear. The complainant Deepchand had lodged an FIR Ex.P/1 at outpost Bamhorikalan of Police Station, Tikamgarh in which he had mentioned about appearance of the accused persons. After sometime, the appellant Rohit was arrested. On interrogation, he gave the name of other accused persons and also one mobile was seized from the accused Sheelu Khangale. In the test identification parade, the complainant Deepchand identified the appellant. After due investigation, a charge sheet was filed before the J.M.F.C. Jatara, who committed the case to the Sessions Court, Tikamgarh and ultimately, it was transferred to the 4 th Additional Sessions Judge, Tikamgarh.

(3.) THE learned Additional Sessions Judge after considering the prosecution's evidence convicted the appellant for the offence punishable under Section 392 of IPC and sentenced as mentioned above.