BABLOO Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellants have preferred this appeal against the judgment dated 18.4.2009 passed by learned Third Additional Sessions Judge, Sagar in S.T.No.344/2008, whereby the appellants were convicted for offence punishable under sections 394 of IPC and each sentenced for 10 years' rigorous imprisonment with fine of Rs.5,000/-. In default of payment of fine, each of them has to undergo for 6 months' additional rigorous imprisonment.

(2.) PROSECUTION's case, in short, is that, on 11.1.2008 at about 1.30 a.m. in the night, the complainant Keshavram who was Panchayat Secretary at Village Panchayat Sevari was visiting to his house along with his uncle Shyamsunder. Near the village Kull, two unknown persons who were standing with sticks having their faces covered, assaulted by a stick on the motor-cycle and therefore, the complainant and the motorcycle fell on the Earth. In the meantime, one more unknown person came to the spot, who assaulted the complainant and victim Shyamsunder by a stick. Thereafter, they took a sum of Rs.1,500/- from the complainant and Rs.53/- from his uncle. The unknown persons had also taken the motor-cycle of the complainant. The complainant went to the Police Station Behrol, District Sagar and lodged an FIR, Ex.P/2. The complainant and his uncle were sent to the hospital for their medico legal examination and treatment. Thereafter, the appellants were arrested by the police and a test identification parade was arranged on 14.2.2008, in which the complainant and his uncle identified the appellants. Nothing could be seized from the appellant Chetu, whereas one torch was seized from the appellant Babloo. After due investigation, a challan was filed before the JMFC, Banda who committed the case to Sessions Judge, Sagar and ultimately, it was transferred to Third Additional Sessions Judge, Sagar.

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