MADHO SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal has been filed by the appellant under Section 374 of Code of Criminal Procedure, 1973 against the judgment of conviction and sentence dated 30-06-2004 passed in S.S.T.No.28/03 by learned Special Judge (MPDVPK Act), Gwalior whereby the appellant has been convicted for the offence under Section 394 of IPC read with Section 13 of Madhya Pradesh Madhya Dacoity Vyapharan Prabhavit Kshetra Adhiniyam (for brevity MPDVPK Act) and sentenced to undergo 7 years' RI with fine of Rs.5,000/- with default stipulation.

(2.) THE brief facts of the case are that on 08-02-2003 at about 5 pm the complainant Rajvir was going from Morar, Gwalior to Village Chhawani in a bus to meet his relatives in which the appellant Madho Singh was also travelling. It is alleged that after getting down from the bus, the appellant was going towards village on foot and the complainant was also coming behind him and after about one and half Kms. two unknown persons come, one of them thrown chili powder in his eyes and they dragged him near by and when he tried to cry it is alleged that the appellant shut his mouth and told him to give whatever he is having. THEreafter, the appellant and two other persons snatched the amount of Rs.31,250/- and ran away. THE complainant lodged the report next day and after filing of challan learned trial Court after trial of the appellant, convicted him for the offence under Section 394 of IPC read with section 13 of MPDVPK Act as mentioned in paragraph 1 of the judgment and acquitted co-accused Ramavtar Singh.

(3.) LEARNED counsel for the appellant has submitted that no identification of seized currency notes was held by the police as admitted by Mr. R.C. Dangi in his cross-examination. Further he has admitted that the complainant has not mentioned the number of currency notes to him.