KAILASH Vs. STATE OF MP

JUDGEMENT

(1.) This order shall govern the disposal of Criminal Appeal No.506/2003 {Kailash Vs. State of M.P.} and Criminal Appeal No.550/2003 {Madanlal Vs. State of M.P.} arising out of common judgment dated 03-09-2003 passed by learned First Additional Sessions Judge, Guna in S.T.No.264/2001.

(2.) Both the appellants have filed these appeals against the judgment dated 03-09-2003 passed by learned First Additional Sessions Judge, Guna in S.T.No.264/2001 whereby they have been convicted for the offence under Section 394 of IPC and sentenced to undergo 5 years' RI with fine of Rs.500/- each with default stipulation.

(3.) Brief facts of the case in narrow compass are that on 09-06-2001 at about 5 am the complainant Sharafat Ali was going for selling the mangoes towards village Akoda and when he was in the way, it is alleged that the appellant -Kailash armed with GADASI, appellant -Madanlal armed with Lathi and another coaccused Hariram armed with Lathi have beaten the complainant and snatched his watch, wallet and shoes. On the report of complainant, after investigation challan has been filed and learned trial Court after trial convicted the appellants for the offence under Section 394 of IPC and sentenced them as mentioned in paragraph 2 of the judgment and acquitted the appellants for the offence under Section 394/398 of IPC.