SANAVVAR Vs. STATE OF M P

JUDGEMENT

(1.) This judgment shall govern disposal of the above mentioned criminal appeals, since both the appeals arise out of common impugned judgment.

(2.) These criminal appeals are preferred by the appellants being aggrieved by the judgment dated 26/9/2011 passed by the 14th Additional Sessions Judge, Bhopal in ST No.586/2010, whereby the appellants were convicted for commission of offence punishable under Section 392 of IPC and sentenced for four years' rigorous imprisonment with fine of Rs.1,000/- each. In default of payment of fine amount, one year's RI was also directed.

(3.) The prosecution's case, in short, is that the complainant Mohsin (PW-1) was employed with one Surendra Singh, Contractor of Sanchi Milk Federation, who was collecting the price of the milk from the customers. On 15.4.2010 at about 1:20 PM when the complainant was going towards his house situated at Govindpura, Bhopal, two unknown persons came on a motorcycle and dashed the motorcycle of the complainant. One accused shown a dagger to the victim and snatched a black bag containing a sum of Rs.1,52,376/- and another accused took the keys of his motorcycle. Thereafter they ran away by their motorcycle. The complainant lodged an FIR at Police Station Govindpura, Bhopal. During the investigation, the appellants were identified and some portion of the robbed property was also seized from them. After due investigation, a charge sheet was filed before the JMFC Bhopal, who committed the case to the Sessions Court, Bhopal, and ultimately the case was transferred to the 14th Additional Sessions Judge, Bhopal.