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 S.T. 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. 1000 with default stipulation.

(2.) In short, the story of the prosecution is that on 27.4.1997 at 8 p.m. complainant Surendra Singh along with 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.) During trial appellant No. 1 Kashmir Singh died and his name was deleted from the array of memo of appeal.