MISHRI LAL Vs. STATE OF M P

JUDGEMENT

(1.) The applicants have preferred the present revision against the judgment dated 23.8.1999 passed by the learned Additional Sessions Judge, Burhanpur in criminal appeal No.75/1999, whereby the judgment dated 2.8.1999 passed by the learned JMFC, Burhanpur in criminal case No158/1999 was considered and modified. The conviction of the applicants was converted from offence punishable under section 380 of IPC to section 411 of IPC and each sentenced for 3 years rigorous imprisonment with fine of Rs.2,000/-.

(2.) The prosecution's case, in short, is that, on 5.12.1997, the complainant Bhupendra Singh who was posted as Ranger at Nepanagar, went to the State Bank of India, Burhanpur branch to get a sum of Rs.1,48,000/- as salary of various employees. When he was getting some documents photocopied in a shop before the Court at Burhanpur, some children came into the shop and they snatched the bag of the complainant containing that much amount. Out of 4 accused persons, Akash and Manoj were arrested but, they were sent to the Juvenile Court. However, Prem and Rajesh Chourasiya could not be traced. The applicants were arrested and on the information given by Mishrilal a sum of Rs.2,000/- was recovered from the applicant Lahodi Bai. The seized amount was in two packets of notes having denomination of Rs.10/-. The packets were duly sealed by State Bank of India, Burhanpur branch.

(3.) The learned JMFC after considering the evidence adduced before him, convicted the applicants for offence punishable under sections 380/34 and 411 of IPC and sentenced them for 3 years rigorous imprisonment with fine of Rs.2,000/- for each count.