JAYSHANKER @ SHANKER Vs. STATE OF M P

JUDGEMENT

(1.) This appeal under Section 374 of the Cr.P.C., is filed by accused/appellant Jayshankar @ Shanker being aggrieved by judgment dated 13.10.2011 passed by Second Additional Sessions Judge, Sendhwa District Badwani in Criminal Case No.64/06, convicting the appellant for offence u/S.392 r/w 397 of the IPC and he was sentenced to seven years rigorous imprisonment with fine of Rs.1,000/- and in default of payment of fine he was to under go additional sentence of three months.

(2.) Brief facts of the prosecution case are that the complainant Abid Ali (P.W.1) was working as a cashier at Manjeet Cotton Mill, A.B. Road Sendhwa and on the date of incident i.e.16.03.2006 on behalf of the firm complainant Abid Ali had withdrawn the amount of Rs.45,00,000/- and had kept the same in the cupboard of his office. Thereafter, he gave Rs.30,00,000/-to one Ashok Shah for the purpose of purchasing cotton. One Seth Rajendra Rajpal (P.W.2) came and deposited Rs.2,00,000/- and Abid Ali had kept the same amount in the cupboard of the office. At around 2:30 in the afternoon when he was working, three persons holding silver coloured pistols in their hand came into the office, a fat man wearing a white cap (Topi) asked for money and complainant Abid Ali said he did not have any money whereupon a fat man threatened to kill him. Complainant Abid Ali told him that he would ask his boss (Sethji) to give money and another person bearing a black coloured shirt accompanied him to the cabin of the Sethji. Abid Ali told Sethji that these people have come to demand money and Sethji stated that they may have come to demand the money as charity for the 'Fag Festival' and hence some amount be given to them, whereupon, the person accompanying Abid Ali started abusing and he demanded keys of the cupboard. Complainant Abid Ali told him that the cashier had gone to have his lunch whereupon one of the three persons broke the lock of the cupboard and filled the money in a green coloured bag (Jhola) and collecting money, all three persons fled from the spot. Whereupon complainant then examined the cupboard and found that Rs.17 lakhs and two mobiles phones, which belonged to Sethiji were missing. Thereafter, complainant Abid Ali filed a written report at Police Station Sendhwa City and Inspector Rajeev Chaturvdi (P.W.14) recorded the Crime No.54/06 vide FIR Ex-P/2. Sub- Inspector Yashpal Singh (P.W.13) arrested accused Jayshankar on 08.04.2006 vide arrest memo Ex.P/3 and Rs.6,400/- in cash, five live cartridges and two mobiles phones were recovered from the accused Jayshankar vide recovery memo Ex.P/5. Thereafter, the present accused was identified in the Test Identification Parade conducted by Jayantilal Tehsildar (P.W.10) vide Ex.P/1 the identification memo. The spot map was prepared vide Ex.-P/14 by the Investigating Officer Rajeev Chadurvedi (P.W.14) on instructions of complainant Abid Ali. The other co-accused Lalsingh was arrested in Bhopji ki Bhagal Char Bhuja, Rajasthan and motorcycle and money was recovered vide Ex.P/7. Co-accused Aashusingh was arrested and arrested vide memo Ex.P/6, the green colour bag were recovered from the accused and memo Ex.P/8 was prepared. The memo Ex.P/13 under Section 27 of Evidence Act of the accused Jayshankar led to the recovery from a Gular tree in Bhagwanpura, Rajasthan of Rs.1,50,000/-, one pistol and three round bullets which were recovered vide Ex.P/12. The statement was recorded S.161 of the Cr.P.C. Next on completion of the investigation by the police City Sendhwa the accused was charged before the Judicial Magistrate and thereafter committed to his trial.

(3.) The accused abjured his guilt for offence under Section u/S.392 r/w 397 of the IPC and submitted that he was falsely implicated in the matter. The present accused in his statement u/S.313 of the Cr.P.C. took up a defence he was arrested from Pithampur and falsely implicated in the matter. The other co-accused also took up the plea of false implication. The trial Court on considering the offence, however convicted and sentenced the appellant Jayshankar alone as hereinabove indicated and hence, this appeal.