RAJESH SINGH PATEL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS criminal appeal is preferred by the appellant being aggrieved by the judgment dated 6/5/2010 passed by the Additional Sessions Judge to the Court of 1st Additional Sessions Judge, Satna in ST No.455/2009, whereby the appellant was convicted for commission of offence punishable under Section 394 of IPC and sentenced for ten years' rigorous imprisonment with fine of Rs.5,000.00. In default of payment of fine amount, six months' RI was also directed.

(2.) THE prosecution's case, in short, is that on 14.5.2009 at about 10:00 AM in the morning the complainant Gaya Prasad Sharma (PW-2) was going back from a flour mill to his house situated at Village Banafar Tola, Daldal Chhiboura (Police Station Rampur Baghelan District Satna) by a bicycle. Near a turn one culprit restrained the complainant and assaulted him. He snatched a sum of Rs.500.00 from his pocket. On his shouting witness Ramesh Prasad Payasi (PW-3) came to the spot and he informed that the culprit was the appellant Rajesh Patel. The complainant lodged an FIR Ex.P-2 at Police Station Rampur Baghelan on the very same day. The complainant was directed for his medico legal examination. After sometime the appellant was arrested and a sum of Rs.200.00 was seized from him. After due investigation, a charge sheet was filed before the additional Chief Judicial Magistrate Satna who committed the case to the Sessions Judge, Satna and ultimately it was transferred to the learned Additional Sessions Judge to the Court of 1st Additional Sessions Judge, Satna.

(3.) THE learned Additional Sessions Judge after considering the evidence adduced by the parties acquitted the appellant from the charges of offence punishable under Section 294 of IPC but convicted him for the offence under Section 394 of IPC and sentenced as mentioned above.