HASEEB Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This judgment shall govern the disposal of Criminal Appeal No.204/1999 [Haseeb @ Guddu vs State of MP] & Criminal Appeal No.245/1999 [Ritesh vs State of MP] as they arise out of the common judgment of conviction and order of sentence dated 21.1.1999 passed by the Additional Sessions Judge Jaora, District Ratlam in Sessions Trial No.170/1997.

(2.) These appeals under Section 374(2) of the Code of Criminal Procedure (hereinafter shall be referred to as ''Cr.P.C'') have been fled being aggrieved by the judgment of conviction and the sentence dated 21.1.1999 passed by the Additional Sessions Judge Jaora, District Ratlam in Sessions Trial No.170/1997 convicting the present two appellants, namely, Haseeb @ Guddu and Ritesh for the charge of Section 392 of the Indian Penal Code (hereinafter shall be referred to as ''I.P.C'') and sentencing them to undergo rigorous imprisonment for fve years and to pay a fne of Rs.500/- in default to undergo rigorous imprisonment for three months each and also convicting them for the charge of Section 397 of the I.P.C and sentencing them to undergo rigorous imprisonment for seven years and to pay a fne of Rs.500/- in default to undergo rigorous imprisonment for three months each.

(3.) The case of the prosecution is that on 27.1.1997, the complainant Ashok (PW.5) had gone from Neemuch to Jaora in connection with the business. After fnishing his work, he boarded on a Jeep of Bhanwar bearing registration No.MP-14/1733 for proceedings towards Mandsaur alongwith a briefcase having Rs.7000/- cash in it. When the said Jeep reached near the culvert in between the Village Richhachanda and Parwalia, two persons stopped it and after showing Deshi Katta and a knife, they snatched the briefcase of complainant Ashok and ran away towards the forest area.