SADDAM KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on IA No.4408 of 2023, which is the first application u/Sec. 389 (1) of Cr.P.C. for suspension of sentence and grant of bail filed on behalf of appellant Saddam Khan.

(2.) Vide judgment dtd. 13/1/2023 passed by Special Judge (MPDVPK Act), Dabra, District Gwalior in Special Case No. 07 of 2018, the appellant has been convicted under Sec. 392 of IPC read with Sec. 11/13 of MPDVPK Act and sentenced to undergo five years rigorous imprisonment with fine of Rs.5,000.00 and he has further been sentenced to undergo one year RI with fine of Rs.1,000.00 for offence under Sec. 25(1-B)(A) of the Arms Act with default stipulation.

(3.) According to prosecution case, on 20/3/2018, while complainant Manoj Kumar Soni along with his wife Smt. Meena Soni was returning after Lodhi Mata Darshan at Narwar on his motorcycle bearing registration no. MP07 NC 2768, near Bhitarwar Narwar Road, three persons came on Apache Motorcycle without number plate from back and obstructed them and robbed gold chain, mangalsutra along with other ornaments of his wife on the point of Katta. At the time of robbing, one person was sitting on Apache motorcycle and two other persons were snatching the gold ornaments amounting to Rs.2.38 lac. On the basis of which Crime No.16 of 2018 for offences under Sec. 392 of IPC,Sec. 11/13 of MPDVPK Act and under Sec. 25/27 of the Arms Act was registered at Police Station Belgada. During the investigation, from the possession of present appellant, one Katta with life cartridges and mangalsutra, so also other gold ornaments were also seized. After completion of investigation and other formalities, charge sheet was filed before the competent Court from where the case was committed to the Special Court for its trial. The trial Court after conclusion of trial has convicted the present appellant and sentenced him as stated above.