PAPPU @ ISHAQ KHAN Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS appeal has been filed by the appellants against judgment dated 25.06.2010 passed in S.T.No.216/2009 by Additional Judge to the Court of Fourth Additional Sessions Judge (Fast Track Court) Guna, M.P. by which appellants have been convicted for the offence punishable under Section 392 of IPC and sentenced to undergo R.I. for five years and fine of Rs.5000/- which has been imposed upon them.

(2.) THE brief facts of the case are that on 22.12.2008, complainant Abdul Shakoor alongwith is advocate Shailendra Singh Yadav went to see the land situated at bye-pass road Ragogarh, district Guna on request of appellant Pappu @ Ishaq Khan and Mallu @ Ashfaq Khan, it is alleged that appellants snatched 30000/- rupees from complainant by showing him knife. Written complaint was submitted by the complainant on 22.12.2008 on the basis of which F.I.R. was registered after enquiry on 08.01.2009 and challan was filed. Trial Court after trial of the appellants for the offence punishable under Section 392 of IPC convicted them and sentenced them as mentioned in paragraph 1 of the judgment.

(3.) LEARNED counsel for the appellants has submitted that the complainant was gone to see the land only and he has not explained why he has taken Rs.30,000/- with him and they have further drawn attention towards the statement of Abdul Shakoor (PW-2) who in his statement has tried to explain about agreement for proposal of selling land and circumstances for going to the place of incident which are not mentioned in the written complaint by him but it is an admitted fact that written complaint Exhibit P-2 was written by Constable at Police Station. Further, on memorandum of appeal, amount has been seized and witnesses of seizure have confirmed the memorandum of appeals recorded under Section 27 of Evidence Act and Exhibit P-4 and Exhibit P-5 and consequential seizure memo Exhibit P-6 and Exhibit P-7. The signatures of Constable Lalaram are missing on Exhibit P-6 but on other documents from Exhibit P-4 to Exhibit P-8, his signatures are there. Further, seizure has been made after registration of offence on 08.01.2009 and knife and bag of complainant has been recovered at the instance of appellant Mallu @ Ashfaq Khan by Exhibit P-1. Therefore, minor contradictions or discrepancies in the evidence of enquiry does not make the incident and recovery of amount is doubtful. So far as writing wrong date as 7.12.2008 in Exhibit D-2 is concerned it is only human error as a man can write a date and year which is passed after change of new year. The statement of Shailendra Singh might have been recorded on 7.1.2009 and by mistake it has been mentioned as 7.12.2008.