SANJAY @ KALU @ SANJU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal has been filed under Section 374 (2) of CrPC against the judgment dated 29.12.2011 passed by XIIth Additional Sessions Judge, Bhopal in Sessions Trial No. 490/2011, whereby learned A.S.J. found appellant guilty for the offence punishable under Section 392 of the IPC and sentenced him to undergo five years rigorous imprisonment with fine of Rs.200/-, in default of payment of fine amount further two months rigorous imprisonment.

(2.) Brief facts of the case are that on 10.11.2010 at 06:20 AM when complainant Seema Mishra (PW/1) was returning to her house after taking milk from dairy, on the way, at Anil Ratore's house, Quarter No.Y-60 situated at 58 Tulsi Nagar, Near DEO Office, Bhopal, a miscreant (whom she later identified as the appellant) came on bike and snatched her gold chain weighing 12-13 grams from her neck and fled away from the spot. Thereafter, Smt. Seema Mishra (PW/1) lodged the report (Ex.P/1) at Police Station T.T. Nagar, Bhopal which was written by Umesh Singh Chauhan (PW/9) the then ASI P.S. T.T. Nagar and registered Crime No.1011/2010 for the offence punishable under Section 392 of IPC which was further investigated by Subodh Kumar Singh Tomar (PW/5). During investigation, he went to spot and prepared spot map (Ex.P/2) and also recorded the statement of Seema Mishra (PW/1), Kalpana Sarse (PW/2), Swati Tripathi, Prakash Rathore and Anil Singh Rathore. On

(3.) 06.2011, C.P Dwivedi (PW/11), the then SHO, Police Station Bagh Sewaniya, on the information of the informant that some miscreants indulged in chain snatching and other crimes were residing at Kamal Balai's Jhuggi, situated at Durga Nagar. He then, along with other members of police force raided Kamal Balai's Jhuggi and arrested appellant Sanjay @ Kalu @ Sanju and other co-accused Kamal and prepared arrest memo (Ex.P/10 & Ex.P/12) respectively. During interrogation, appellant gave information regarding concealment of ornaments relating to various crimes. On that information of appellant Sanjay @ Kalu @ Sanju, he seized one gold chain, jewellery and other articles and prepared information memo (Ex.P/6) and seizure memo (Ex.P/8). During investigation, it was found that one of the chain seized from the possession of the appellant was looted by the appellant from complainant Seema Mishra. On that information C.K.Sirame (PW/10) the then Sub- Inspector P.S. T.T. Nagar arrested appellant and co-accused Girish Verma and Kamal in the crime. Police also got said chain identified by Seema Mishra and identification proceedings were conducted by Manish Shrivastava (PW/7), Executive Magistrate who prepared identification memo (Ex.P/3) in which complainant identified her chain and police also got appellant identified by the complainant Seema Mishra. The test identification parade was conducted by Brajesh Saxena (PW/3) Executive Magistrate in Central Jail, Bhopal. In the test identification, complainant also identified the appellant as an accused who had snatched her gold chain in the incident. After completion of investigation, police filed charge-sheet against appellant before JMFC, Bhopal who committed the case to the Court of Sessions on which S.T. No.490/2011 was registered. 3. Learned XIIth Additional Sessions Judge framed the charge against the appellant for the offence punishable under Section 392 of IPC and against other co-accused Kamal and Girish Verma for the offence punishable under Section 392 r/w 120B and 216A of IPC and tried the case. The appellant and other co- accused abjured their guilt and took the defence that they were innocent and have been falsely implicated in the crime. Prosecution produced as many as 11 witnesses for proving his case. However, after trial learned A.S.J. acquitted the co-accused Kamal and Girish from the charge under Sections 392 r/w 120B & 216A of IPC but found the appellant guilty for the offence punishable under Section 392 of the IPC and sentenced him as aforesaid. Being aggrieved from that judgment, appellant filed this criminal appeal.