RATIRAM Vs. STATE OF M .P.

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction passed by Second Additional Sessions Judge, Guna in ST No. 282/97 dated 29.3.2001, by which the appellants are convicted under section 326, IPC and sentenced to undergo RI for three years and fine of Rs. 1,000/- with default stipulation.

(2.) IN short, the story of the prosecution is that on 27.4.1997 at 8 p.m. complainant Surendra Singh alongwith Kailash Sharma and Cheetar was going with 12 bore gun, on the way three miscreants met them. They assaulted Surendra Singh, Kailash Sharma and Cheetar and robbed the 12 bore gun from Surendra Singh and ran away from the spot. The report was lodged at Police Station Vijaypur. After investigation, charge sheet was filed and the case was committed to the Sessions Court. The Sessions Court framed charge under section 397, IPC against the appellants and after conclusion of trial they were acquitted against the charge under section 397, IPC but convicted under section 326, IPC and sentenced as stated in para No, 1.

(3.) IN this appeal the conviction of the appellants have been challenged on the ground that the charge under section 397, IPC was framed against the appellants and the trial Court wrongly convicted the appellant under section 326, IPC. It is submitted that section 326, IPC is not a minor offence of section 397, IPC and secondly the incident took place on 27.4.1997 and the test identification parade was held after one month from the incident. Therefore, the conviction recorded by the trial Court is erroneous and they are entitled for acquittal.