MUKESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellants have preferred this appeal under Section 374 (2) of the Criminal Procedure Code feeling aggrieved by the impugned judgment of conviction dated 16-9-2004 passed by the 2nd additional Sessions Judge, Neemuch in Session trial No, 09/2004 whereby held appellants/aeeused guilty for the offence punishable under Sections 394/397 and 332/34 of the Indian Penal Code and sentenced each of them to 7 years rigorous imprisonment with a fine of Rs. 3,000/- and 3 years rigorous imprisonment respectively on each count.

(2.) BRIEFLY stated facts of the case are that on 12-9-2003 at about 21. 00 hours in the night complainant Ramchandra Bhati Head constable posted at Police Station Baghana while on public duty was going towards village Achera. When he reached near the field of one Quadar Khan at that time present appellants Mukesh, Dilip and Onkarlal accompanied by 2 others caught complaint ramchadra Bhati and started beating him by means of lathi etc. and also by fist and legs and thus, forcibly took away his official dress from his possession, also looted currency notes of Rs. 300/- together with wireless set and then ran away from the spot. Complainant after some time reached at police Station, Baghana and lodged first information report on which basis police had registered a case under Ss. 395 and 332, ipc, sent complainant Ramchandra Bhati for medical examination to Civil Hospital, neemuch. Dr. N. K. Goyal (P. W. 12)examined injured complainant Ramchandra Bhati and found one incised wound on the frontal region of head, one lacerated wound on the frontal region of head and many abrasions and contusions on the back for which proved report Ex. P/17. Concerning doctor also took x-ray of the head, but not found any facture in the bone concerned. During investigation, investigating officer A. R. Khan (P. W, 13)seized motor cycle of the complainant, prepared spot map, thereafter arrested the accused/appellants Mukesh, Dilip and onkarlal as per memo Ex. P/5 to Ex. P/7 and on their information, from accused Dilip seized one lathi, blue colour official cap of complainant with a badge (BILLA) as per seizure memo Ex. P/10. Similarly, from the possession of accused/appellant Mukesh seized official belt of complainant as per seizure memo Ex. P/8. Similarly as per information given by appellant/accused mukesh wireless set had been seized from a well where accused thrown it, for which seizure memo Ex. P/4 had been prepared. Similarly from accused/appellant Onkarlal seized currency notes of Rs. 300/- and one lathi from his possession as per seizure memo Ex. P/9. Seized article had been identified by complainant Ramchandra Bhati before Executive Magistrate, After investigation, chargee-sheet had been filed against the appellants/accused, appellants/accused abjured the guilt and their defence is of false implication in this case. Learned trial court after due appreciation of the entire evidence on record, held appellant/accused guilt for offence punishable under Section 394/397 and 332/34, IPC and sentenced them as stated herein above. Feeling aggrieved to which, appellants/accused have preferred this appeal.

(3.) I have heard the counsel for the appellants as well as learned Government Advocate for the State and perused the record.