BRIJENDRA SISODIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 25.4.2011 passed by the learned Fourth Additional Sessions Judge, Sagar in S.T.No.261/2010, whereby the appellant was convicted for the offence punishable under section 411 of IPC and sentenced for 1 year's rigorous imprisonment with fine of Rs.4,000.00 and in default of payment of fine, 3 months' additional rigorous imprisonment was directed.

(2.) THE prosecution's case, in short, is that, on 19.1.2011, at about 7.45 p.m. in the evening, the victim Laxmi Bai was sitting in her house, situated at Sindhi camp, Subhas Nagar, District Sagar. One unknown person went inside the house and put a daggar on the neck of the victim Laxmi Bai and snatched her golden chain. Janki Bai (P.W.1) was also present in the house, at the time of the incident. Janki Bai informed her son Deepak (P.W.2) by telephone and therefore, he came to his house from the shop. After getting information from his grandmother, Laxmi Bai, he went to the Police Station Motinagar and lodged an FIR, Ex.P/2. After sometime, the appellant was arrested. On interrogation, he confessed that he had robbed that golden chain and kept that chain behind the house of one Chittar Lodhi. On his information, a golden chain was seized from the appellant under seizure memo Ex.P/8. The seized chain was duly identified by the witness Janki Bai and a memo of identification, Ex.P/1 was prepared. Chain was also identified by Laxmi Bai and a memo, Ex.P/1-A was prepared. After due investigation, a charge-sheet was filed before the Chief Judicial Magistrate, Sagar, who committed the case to the Sessions Court, Sagar and ultimately, it was transferred to the learned Fourth Additional Sessions Judge, Sagar.

(3.) AFTER considering the evidence adduced by the parties, the learned Fourth Additional Sessions Judge, acquitted the appellant for the offence punishable under sections 392 and 397 of IPC but, convicted him for the offence punishable under section 411 of IPC and sentenced him as mentioned above.