INDAR SINGH Vs. STATE OF M P

JUDGEMENT

(1.) This jail appeal has been filed by the appellant under Section 374 of Code of Criminal Procedure, 1973 against the judgment of conviction and sentence dated 19-09-2007 passed in S.T.No.392/06 by learned Second Additional Judge to the First Additional Sessions Judge, Guna whereby the appellant has been convicted for the offence under Sections 392 read with Section 397 of IPC and sentenced to undergo 8 years' RI with fine of Rs.1,000/- with default stipulation.

(2.) The brief facts of the case are that the complainant Ashok Namdev (PW-10) who was posted as cashier in Shivpuri-Guna Kshetriya Gramin Bank, Branch Rampur on 15-06-2006 went to Aron Branch for the purpose of taking money to his Bank. The Branch Manager, Aron has handed over the cheque of Rs.3 lakh to the complainant which was to be encashed at the State Bank of Indore, Branch Aron at that time, another cashier Pradeep Jain was also encashing the cheque of Rs.5 lakh after that Pradeep Jain has dropped the complainant Ashok Namdev at Bus Stand and when the complainant has reached at the gate of the Bank, Rampur in which he was posted, it is alleged that two unknown persons came on a motorcycle and one of them put a country made pistol on his head and another snatched bag from the complainant which was containing Rs.3 lakh and ran away from the spot. Thereafter, report was lodged and the accused were searched by the public and police and they were caught by the public and police officers. Challan was filed against the appellant and another co-accused Kallu alias Kalyan Singh. Learned trial Court after trial of the accused persons has acquitted the co-accused Kallu alias Kalyan Singh and convicted the appellant for the offence as mentioned in paragraph 1 of the impugned judgment.

(3.) Feeling aggrieved by the impugned judgment of conviction and sentence, appellant has filed this appeal on the ground that learned trial Court is not justified in convicting the appellant by overlooking the contradiction in the evidence and in believing the unreliable story of the prosecution.