RINKU NOURIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 2.12.2011 in S.T. No.158/2011 passed by the Sessions Judge Narsinghpur, whereby the appellant was convicted for the offence punishable under Section 394 of IPC and sentenced for seven years R.I. with fine of Rs.1,000/-. In addition, one year R.I. was awarded in default of payment of fine.

(2.) PROSECUTION's case in short is that on 4.5.2011 at about 11:00 p.m., the complainant Raju Maharaj (PW-1) was going to his house from the shop of Manish Chourasiya in village Barman. In the way, the appellant held the complainant and assaulted him and stanched his mobile worth of Rs.3550/-, which was made of China Company. The complainant went to the Police Station, Suatala and lodged an FIR Ex.P/9 on 5.5.2011 at about 3:15 a.m. The victim was directed for his medical examination to Government Hospital, Barman. Dr. Bhaghmare (PW-4) examined the victim and found an abrasion on his left upper lip. During the investigation, a mobile was seized from the appellant and it was duly identified by the complainant, whereas identification was arranged by Arvind Patel, who was a Sarpanch of the Gram Panchayat. After due investigation, a challan was filed before the J.M.F.C. Narsinghpur, which was duly committed to the Sessions Court.

(3.) I have heard learned counsel for both the parties.