RADHEY SHYAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS criminal revision has been preferred by petitioner Radhey Shyam under Section 397/401 of the Code of Criminal Procedure feeling aggrieved by the judgment dated 28.6.99 passed by JMFC,Chhindwara in Criminal Case No.2268/96 whereby the petitioner has been convicted under Section 393 IPC and sentenced to R.I. for two years and fine of Rs.200/-, in default of payment of fine to undergo further R.I.for one month. In Criminal Appeal No. 61/99, learned Ist ASJ, Chhindwara by judgment dated 18.2.2002 has confirmed the aforesaid judgment of conviction and sentence passed by JMFC, Chhindwara.

(2.) THE prosecution case, in brief is that on 15.10.84 at about 6.45 PM when complainant Sheikh Mahboob was going Parasiya to a grocery shop, it is alleged that near Bhansen village the petitioner met him and by pointing knife and by putting extortion he tried to commit robbery but at that time due to hue and cry of complainant at the relevant place, one Sabbo and Hariprasad came and they caught hold of petitioner and thereafter a report was lodged at the Police Chowki Neutan against the petitioner. The police registered a Criminal Case under Section 393 IPC against the petitioner and petitioner was tried for the offence punishable under Section 393 IPC and has been convicted and sentenced as aforesaid.

(3.) I have heard learned counsel for both the sides and perused the original record of trial Court as well as of appellate Court.