GANPAT Vs. STATE OF M P

JUDGEMENT

(1.) By this appeal, preferred by the appellant, he has challenged his conviction under sections 458 and 395/397 of the Indian Penal Code and sentence of R.I. for three years and seven years respectively with direction to run both the substantive sentences concurrently, passed by the learned Addl. Sessions Judge, Agar District Shajapur in Sessions rial No. 43/2006 by judgment dated 23.12.2007.

(2.) According to the prosecution case, in the intervening night of 15th and 16th September, 1999 the appellant along with four other unknown persons entered inside the house of the complainant Laxminarayan situated in village Dehri Gujar and committed dacoity. The appellant was identified by the complainant Laxminarayan. The complainant was assaulted by knife and other weapons by the appellant and other miscreants. The complainant lodged the report on the same day i. e. 16.06.99 at 6.00 AM. On the basis of the report, police registered only offence punishable under sections 458 and 380 of the Indian Penal Code. Along with the appellant, other accused persons were arrested. After investigation, charge-sheet was filed before the JMFC, Agar for commission of offence punishable under sections 458 and 350 of the Indian Penal Code.

(3.) Learned Magistrate framed the charges under sections 458 and 380 of the Indian Penal Code and trial commenced against the appellant and other four acquitted co-accused persons. Complainant Laxminarayan was examined on 26.04.05 in the Court. On 27.02.06, learned A.P.P. filed an application before the learned Magistrate stating that looking to the contents of the First Information Report and other documents, the offence against the appellant and other four co-accused persons under sections 395, 397 and 458 of the Indian Penal Code, would be made out and offences under sections 395 and 397 of the Indian Penal Code were triable by Magistrate First Class, therefore, the case may be committed to the Court of Session. Learned trial Court allowed the prayer of the prosecution and committed the case to the Court of Session.