JUMMAN ALIAS JAVED Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Both the appeals arose from the judgment dated 30.4.2011 passed by the XIIth Additional Sessions Judge, Bhopal in ST No.592/2010 therefore, hereby decided with a common judgment.

(2.) The appellants have preferred this appeal against the judgment dated 30.4.2011 passed by learned XIIth Additional Sessions Judge Bhopal in ST No.592/2010 whereby the appellants were convicted for offence punishable under Section 392 of I.P.C and sentenced for three years rigorous imprisonment with fine of Rs.200/-. In default of payment of fine each one of them was to undergo one month's additional rigorous imprisonment.

(3.) The prosecution's case in short is that on 10.8.2010 at about 9.30 p.m in the evening the complainant Geeta Raghuwashi (PW2) was coming back from the function at the house of someone at Subhash Nagar to her house situated at Junior MIG, Old Subhash Nagar after taking some prasad etc. Two unknown persons came on the motorcycle and snatched her mangalsutra. The complainant lodged an FIR Ex.P/1 soon after the incident before the Police station, Aishbagh. In the investigation the appellants were arrested. On the basis of the memo given by accused Chhotu @ Mahendra under Section 27 of the Evidence Act, so many golden chains were recovered. Out of them the golden chain of the complainant was also recovered. That golden chain was duly identified by the complainant before one Akbar Khan, Parshad of Municipal Corporation, Bhopal. It is also established that the appellant Javed was also involved in the crime and so many golden chains were seized from the appellant Javed also. After due investigation a charge sheet was filed before the JMFC, Bhopal who, committed the case to the Sessions Court and ultimately it was transferred to the XIIth Additional Sessions Judge, Bhopal.