STATE OF MADHYA PRADESH Vs. ASHOK AND ORS.

JUDGEMENT

(1.) THIS appeal under Section 378 of the Code of Criminal Procedure has been preferred by the appellant/State being aggrieved by the judgment of acquittal dated 17/12/2003 passed by the Additional Sessions Judge Mungaoli, District Guna (M.P.) in ST No. 143/2000 & ST No. 231/2000 whereby accused/respondents have been acquitted of the charges levelled against them under Section 392/397 of IPC.

(2.) PROSECUTION story, in brief, is that on 27.11.1999 at about 07 pm, when complainant Mohd. Azeez Khan returned after imparting his labour work to Pranpura at that time one Shriram Yadav, resident of village Shankarpur came to him and told that there were some miscreants near the valley of Pranpura who tried to commit loot with him. They alongwith one Sarwar who was the driver of Lallu Seth reached the valley of Pranpura on truck. They saw in the light of truck that three miscreants were trying to commit loot with a person having Rajdoot motorcycle. Sarwar stopped the truck. All the five persons attacked on the miscreants by pelting stones. When Mohd. Azeez lighted the torch, one of three miscreants fired aiming him which hit on his right cheek. When the persons who had stepped down from the truck asked the name of the person having motorcycle, on which that person told himself to be Raghuraj Singh Lodhi. He further told that Rs. 650/ - had been snatched by the miscreants from him.

(3.) ACCUSED /respondents abjured their guilt, pleaded complete innocence and preferred trial.