SACHIN Vs. STATE OF M P

JUDGEMENT

(1.) The appellants have filed this appeal against the impugned judgment passed by learned IInd Additional Sessions Judge, Ratlam in Sessions Trial No. 161/07 dated 31/01/2008 whereby convicted the appellants under Section 398 of the IPC and sentenced them to each, R.I for seven years.

(2.) The prosecution case as unfolded before the Trial Court in short is that the complainant Mangalsingh was serving as salesman and had introduction with acquitted co-accused Rakesh in a bear bar. The complainant disclosed Rakesh while consuming bear that he was to go to Gayatri Medical Store situated in Namli for collection of money. On this, Rakesh also expressed his desire to go with him. On 9/7/2007, Rakesh and Mangalsingh reached at Namli by motor cycle of Rakesh. When they were passing through a petrol pump, Mangalsingh was surrounded by two persons who came on motor cycle. Mangalsingh was taken in a ditch and at the point of knife his Nokia mobile, golden ring, titan wrist watch and handkerchief were snatched. At that juncture, two boys also rached over there on a motor cycle and took search of Mangalsingh. Thereafter all the four went away on motor cycle towards Ratlam. Mangalsingh getting doubt over the activity of Rakesh, returned back in a Bus. Report of the incident was lodged at police station Namli by Mangalsingh. During the course of investigation, five accused persons were arrested and on their disclosure statement from possession of appellant Sachin golden ring and from appellant Ravi mobile phone were seized. From other accused persons, handkerchief and titan wrist watch were seized. From the accused persons knife and motor cycle were also seized. The appellants were put for test identification in Test Identification Parade held by Naib Tehsildar, Ku. Nitu Gupta (PW-6), Memo of identification parade is Ex. P/5. The seized articles were identified by Mangalsingh in Identification Parade. The memo is Ex.P/4. In Test Identification Parade, Mangalsingh identified only the present appellants. On completion of investigation, appellants along with three acquitted co-accused persons were charge sheeted for commission of offence under Section 395 r/w 397 of the IPC.

(3.) Accused persons refuted the charges. They have not examined any witness in defence. Learned Trial Court after examining the prosecution witnesses and hearing both the parties while acquitting other three co-accused persons named Rakesh, Bharat and Pawan convicted the appellants as mentioned herein-above. Hence this appeal.