AKHLESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 17.8.2009 passed by Third Additional Sessions Judge, Sagar in S.T.No.67/2009, whereby the appellant was convicted for offence punishable under section 392 of IPC and sentenced for 10 years' rigorous imprisonment with fine of Rs.5,000/-. In default of payment of fine, the appellant was to undergo for 6 months' additional rigorous imprisonment.

(2.) PROSECUTION's case, in short, is that, on 25.5.2008, Subodh Kumar Jain (P.W.4) along with his wife Savita Jain (P.W.6) and daughter Ku.Shraddha Jain (P.W.3) went to visit an exhibition. Shri Subodh Kumar Jain was driving a motor-cycle and his son was his pillion rider, whereas Smt. Savita Jain was driving a scooty and Ku.Shraddha Jain was her pillion rider on that scooty. At about 11 p.m. in the night when they were coming back from the exhibition, they crossed Sanjay lodge in the way and thereafter, two persons came on a motor-cycle who over took the scooty and one of them snatched the golden chain of Shraddha Jain from her neck. On her shouting, Subodh Kumar Jain tried to chase those persons but, he could not get them. Shraddha Jain was taken to the Police Station Kotwali, District Sagar where she has lodged an FIR, Ex.P/2. After sometime, the appellant Akhlesh Yadav was arrested on 9.9.2008. In interrogation, the appellant told that snatched chain was kept by him with one Brijesh but, chain could not be recovered. Co-accused Suraj Kunjar was also arrested but, robbed property could not be seized. Identification parade was arranged against the accused persons. Subodh Kumar Jain could not identify anyone, whereas Smt. Savita Jain identified the appellant Akhlesh. Naib Tahsildar Shri S.D. Shrivastava (P.W.1) had prepared the identification memo, Ex.P/1. After due investigation, a charge-sheet was filed before the JMFC, Sagar, who committed the case to the Sessions Court, Sagar and ultimately, it was transferred to the Third Additional Sessions Judge, Sagar.

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