RAM KISHAN Vs. STATE OF MP

JUDGEMENT

(1.) This revision petition under Section 397 read with Section 401 of Cr.P.C. has been filed by the applicant being aggrieved by the judgment dated 28.02.2004 passed by Second Additional Sessions Judge, Vidisha in Criminal Appeal No.116/2002, confirming the judgment dated 18.11.2002 passed by Additional Chief Judicial Magistrate, Vidisha in Criminal Case No.37/1997, whereby the applicant was convicted for the offences punishable under Section 392 of IPC and sentenced to undergo three years' RI with fine of Rs.500/-.

(2.) As per prosecution case, on 21.09.1996 the applicant Ramkishan caught hold the couture of the complainant, Jagdish Prasad Richhariya and snatched Rs. 2113/- from him and also beat him. It is alleged that the incident was seen by Trolleyman, Shriram and Gangman, Brijbhan. The incident was reported to the Police Station GRP Vidisha. An FIR bearing Crime No.338/1996 for the commission of offence under Section 392 of IPC has been registered against the applicant. During the investigation, the accused/applicant was arrested and on the basis of information given by the applicant under Section 27 of the Evidence Act, Rs.1000/- were recovered from him. After completion of investigation, charge-sheet was filed before Chief Judicial Magistrate, Vidisha.

(3.) The trial Court after framing the charge for the offence punishable under Section 392 of IPC against the applicant vide its judgment dated 18.11.2002 in criminal case No. 37/1997 convicted the applicant and sentenced as stated herein above. In appeal, the conviction and sentence of the applicant was maintained and his appeal was dismissed. Hence, being aggrieved by the aforesaid judgment of conviction the applicant/accused Ramkishan has preferred this revision application.