SANTOSH KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant Santosh Kumar appeals against his conviction under sections 394 and 397 of the Indian Penal Code for which he has been sentenced to seven years rigorous imprisonment.

(2.) Mangiyabai (P.W. 1) an old -lady with rather a weak eye-sight with some ornaments on her person was intervened at about 8.30 a.m. on 16.7.1982 when she was proceeding on the main road near Barela in Jabalpur district. She was assaulted and her ornaments were taken away. The appellant, a shepherd-boy was chased, caught and brought back to Mungiyabai. Meanwhile, on receiving intimation police reached on the spot and arrested the appellant. Mungiyabai is said to have lodged the first information report which is Ex. P- I and was recorded by Bakhat Singh (P.W. 8) Dr. Tejkishan Mota (P.W.3) examined Mungiyabai. The injury reports are Ex; s P/5 and P/6. From the appellant Balua is seized vide Ex, P/7. He is also said to have discovered certain ornaments which were seized vide Ex. P 19. These ornaments, belong to Mungiyabai (P.W.1). Besides Mungiyabai, Purshottam (P.W.4) and Jagrupram (P.W.5) have been examined as eyewitnesses.

(3.) The prosecution attributed the robbery to the appellant. It is he who is alleged to have first talked to Mungiyabai and later when she went a little further on the road, the appellant is said to have assaulted her with Bollia and snatched ornaments from body. She cried at which Purshottam reached the spot. Appellant is said to have run away, was chased and caught. He was brought to injured Mungiyabai who identified him as the person who beat her and robbed her of her ornaments. The police then proceeded to formal investigation and first information report (Ex. P/I) was recorded by Bakhat Singh (P.W.8). Appellant is then alleged to have made discoveries of the ornaments. All these accusations have been accepted by the learned Additional Sessions Judge who after trial has convicted and sentenced the appellant as above.