LAWS(MPH)-2024-12-5

KRISHNA Vs. STATE OF MADHYA PRADESH

Decided On December 23, 2024
KRISHNA Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) This criminal appeal has been filed on behalf of the appellant under Sec. 374 of the Code of Criminal Procedure, 1973 being aggrieved by the judgment dtd. 25/3/2022 delivered by the learned 2nd Additional Sessions Judge, Barwaha, District-Mandleshwar, in Sessions Trial No.127/2015, wherein learned Judge has convicted the appellant for the offence under Ss. 341, 394 of the Indian Penal Code, 1860 (in short 'IPC') and sentenced to undergo 1 month S.I. and 6 years R.I. with fine of Rs.500.00 and Rs.2,000.00 with usual default stipulations.

(2.) Prosecution story in nutshell is that complainant Mukesh Rathore lodged a report at Police Station Balwada, District Khargone that on 28/12/2014 at about 7.00 pm he was going to village Ramana from Indore and when he reached Lalpura crossing, three unknown persons came in a motorcycle stopped their vehicle in front of his vehicle, assaulted him and committed loot of Micromax Mobile, cash of Rs.5000.00, motor cycle along with its documents. Thereafter complainant went to Umariya outpost, where he informed about the incident to his relative Parashuram Yadav, from where he went to Barwaha hospital for treatment. On that basis, FIR bearing Crime No. 0/2014 for the offence punishable under Ss. 394, 341 of IPC, 1860 was registered against unknown persons.

(3.) The police after following the due procedure, prepared the spot map, recorded the statements of the witnesses, seized the articles and arrested the accused persons and after due investigation filed the charge-sheet under Sec. 394, 341 of IPC, 1860 before JMFC, Barwaha. The matter was committed to the Court of Sessions where upon co-accused persons were declared absconding and the charges were framed under Ss. 394, 341 of IPC against appellant Krishna S/o Mohan. The appellant abjured his guilt and took a plea that he has been falsely implicated and prayed for trial.