SADHU SINGH Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has preferred the present appeal being aggrieved with the judgment dated 23.11.2005 passed by the Special Judge under Madhya Pradesh Dacoity Vyapaharan Prabhavit Kshetra Adhiniyam (in short "MPDVPK Act"), Gwalior, whereby the appellant has been convicted of offence under Section 394 of IPC read with Section 13 of MPDVPK Act and sentenced to five years rigorous imprisonment with fine of Rs.500/-.

(2.) The facts of the case, in short, are that on 08.05.2003 at about 04:00 AM one Purushottam Giri (PW-9) had lodged an FIR that he was plying a truck from Ashoknagar to Dholpur. He was accompanied with cleaner Jandel Giri (PW-13) and second driver Devo (PW-7). At about 02:00 AM, near Ghatigaon one tyre of the truck was flatted, when he got down from the truck to look the tyre then four persons surrounded him and his companions. One person had shown a handmade pistol and took Purushottam Giri and Devo to a ditch and assaulted them. Thereafter they went inside the truck and snatched a sum of Rs.2,500/-. After lodging of the FIR against unknown persons, the Police started investigation. The appellant Sadhu Singh was arrested on 08.05.2003 at about 08:35 AM. On interrogation, he had confessed about the crime and stated that he had received a sum of Rs.400/- out of the loot, thereafter a sum of Rs.400/- was recovered from the appellant and one iron tanki was also recovered. A fire arm was recovered from the co-accused Vakila.

(3.) The appellant abjured his guilt. He took a plea that he was falsely implicated in the matter. He was arrested from his house. However, no defence evidence was adduced. The Special Judge after considering the prosecution's evidence convicted and sentenced the appellant as mentioned above.