(1.) This criminal appeal has been filed by the appellants under Section 374(2) of the Code of Criminal Procedure against the judgment dated 13.09.2005 passed by the Additional Sessions Judge, Nasrullaganj, District Sehore, in S.T.No.57/2003 whereby the learned Judge finding the appellants guilty under Section 394 read with Section 397 of the IPC has sentenced them to undergo R.I. for 7 years each with default clause.
(2.) The appellant No.1 Munshi and appellant No.2 Nannu along with one Raju S/o Ramu were tried under Sections 394 and 397 of the IPC on the ground that on 10.07.2002 at around 12' O Clock in the noon they committed robbery of forty goats from Harinarayan and Rukmanibai @ Sukariabai and while committing robbery they also assaulted the complainant Harinarayan and Rubkmanibai.
(3.) In brief the facts of the case are that on 10.07.2002, at around 12' O clock when complainant Harinarayan was grazing his goats in the jungle of Teejan Doh, at that time, four persons came armed with sticks and Tangia started beating the complainant and Rakmanibai and drove away the goats from them by taking the same in their possession. It is also stated that after assaulting the complainant the accused persons ran away from the spot with the goats of the complainant and as the complainant had recognized the accused persons, he lodged a report at around 02:30 pm at police station Budni. The investigation was carried out and the present appellants along with one other person were tried under Sections 394 , 397 of the IPC and the learned Judge after recording the evidence has convicted the appellants as aforesaid.