KHIMMA ALIAS KHEMRAJ Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS jail appeal has been filed by the appellant against the judgment of conviction and sentence dated 18-01-2011 passed in S.S.T.No.67/10 by learned Special Judge (MPDVPK Act), Shivpuri, convicting the appellant for the offence under Section 392 of IPC read with Section 11/13 of Madhya Pradesh Dacoity Vyapharan Prabhavit Kshetra Adhiniyam (for brevity 'MPDVPK Act') and sentenced him to undergo 5 years' RI with fine of Rs.1,000/- with default stipulation.

(2.) THE brief facts of the case are that on 24-05-2010 the complainant was going on his motorcycle alongwith P.K. Behra from Khaniyadhana to village Gudar and when they reached near Gandhi Chowk, Khaniyadhana, it is alleged that appellant alongwith another co-accused Ginniraja alias Vishwamitra stopped them and Ginniraja shown them country made pistol and took away motorcycle of the complainant. THE complainant lodged the report at Police Station Khaniyadhana. After investigation, police has filed its challan and learned trial Court after trial of the appellant has convicted him by the impugned judgment of conviction and sentence as mentioned in paragraph 1 of the judgment.

(3.) LEARNED counsel for the appellant has submitted that the complainant Harnam (PW-1) has not mentioned any reason for identification of the appellant in his evidence. P.K. Behra (PW-2) has stated that when he asked one of the accused that who is he then the appellant has stated that he don't know Ginniraja and appellant has further stated that he is Khimma and on his direction Harnam surrendered the key of his motorcycle to the co-accused Ginniraja.