STATE OF M P Vs. DHARA @ DARA @ SATYADEV

JUDGEMENT

(1.) This criminal appeal under Section 378 of CrPC has been filed against the judgment dated 30/10/2009 passed by Special Judge (MPDVPK Act), Morena in Special Sessions Trial No.103/2007 by which the respondent has been acquitted of the charges under Section 392 of IPC and under Sections 11,13 of MPDVPK Act.

(2.) The necessary facts for the disposal of the present appeal in short are that on 26/03/2007 at about 6:30 in the morning, near the Canal Sikroda, the respondent alongwith his two companions had snatched Rs.550/- and a watch from the complainant Radheshyam Sharma. A FIR was lodged by the complainant Radhyashyam Sharma on 26/03/2007 at about 12:30 PM to the effect that he is the resident of Sikroda and is an agriculturist. In connection with his personal work, he was going alongwith one Banwari on his feet by the side of the canal at about 6:30 in the morning. On the way, three persons, on a black motorcycle, came and blocked their way. All the three persons were wearing untidy clothes. The pillion riders got down from the motorcycle and out of which one pointed the country made pistol towards the complainant and directed him to hand over his belongings. Certain documents and an amount of Rs.550/- was kept in his purse. The purse alongwith his hand watch was snatched. He identified the one of the assailants as the respondent who had covered half of his face by a handkerchief but could not identify the remaining two persons. On this FIR, the police registered the offence under Section 392 of IPC and under Sections 11,13 of MPDVPK Act. Initially the charge-sheet was filed against all the three accused persons under Section 299 of CrPC, however, the respondent was arrested on 04/10/2007 in connection with Crime No.385/2007 registered by Police Station Ambah for offences under Sections 307/34, 147, 148 and 149 of IPC and under Section 3(1)(x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, therefore, he was formally arrested on 06/10/2017. During the investigation, the spot map was prepared. The statements of the witnesses were recorded. A watch and the purse was seized from the possession of the respondent and the charge-sheet was filed, after completing the investigation. The Trial Court, by order dated 31/07/2008, framed charges under Section 392 of IPC and under Sections 11,13 of MPDVPK Act.

(3.) The respondent abjured his guilt and pleaded not guilty.