NATHU Vs. STATE OF M P

JUDGEMENT

(1.) THE appellant accused has filed the jail appeal under section 374 of the Code of Criminal Procedure against the judgment and order dated 23.8.2001 in Sessions Trial No. 111/2001 passed by learned Additional Sessions Judge, Bhanpura, District Mandsaur, of his conviction and sentence under section 394 read with section 397 of the IPC for the rigorous imprisonment of 7 years and fine of Rs. 1,000/-; and in default of payment of fine, simple imprisonment for 6 months.

(2.) THE prosecution case is that on 7.2.2001 in the night at about 8:30 p.m. near village Malpura when complainant Ramesh (PW 6) was going to his village, accused Nathu along with two other culprits caught him and the other two culprits gave him stick blows and the bag containing thirty thousand rupees was snatched by accused Nathu and his companions. The FIR was lodged by the complainant and he was medically examined for his injuries. That the Investigating Officer recorded the statement of | accused Nathu under section 27 of the Evidence Act and on it's basis a ragzine bag of black colour was seized which was kept hidden in the bushes. The accused gave the confessional statement under section 164 of the Code of Criminal Procedure before the Judicial Magistrate First Class in which he has stated that he along with two companions looted the complainant. After the investigation, the charge-sheet was filed against the appellant accused. The co-accused were not arrested and charge-sheet was not filed against them.

(3.) THE appellant has assailed the conviction on the ground that the learned trial Court has not properly appreciated the evidence and it is pleaded that the conviction under section 397 of the IPC is against the law laid down by the apex Court and as such the sentence passed against him be reduced.