AJAY & OTHERS Vs. STATE OF M P

JUDGEMENT

(1.) The appellants have filed the present jail appeal from Jail being aggrieved by the judgment dated 6.7.2013 passed by the learned Additional Sessions Judge, Indore in Sessions Trial No.295/2013, by which, they have been convicted for the offences u/s. 394 of the Indian Penal Code (IPC) and each of them have been sentenced to undergo 5 years RI with fine of Rs.1,000/- with default stipulation.

(2.) As per prosecution story, in the night of 10.1.2013, near about at 1 am., the complainant Nasimuddin while driving the truck bearing Registration No. MP-09-KB-586 was going from Dewas Naka to Mehidpur and Nagda. The said truck was loaded with cosmetics. The allegation against the appellants is that they detained the driver and cleaner of the truck and looted the articles loaded in the truck. The FIR was registered against all the accused for the offence u/s. 394 of the IPC in Cr. No.18/2013. The police seized the motorcycle and the looted articles and 'Panchnama' was prepared. After completing the usual investigation, challan was filed in the Court of Judicial Magistrate, First Class, who committed the trial to the Court of Sessions. The accused persons abjured their guilt and claimed to be tried.

(3.) Before the trial Court, the prosecution examined Nasimuddin (P.W.1), Vishal (P.W.2), Vinod (P.W.4) and Anil (P.W.6). On the basis of evidence came on record, the learned trial Court has held all the three accused guilty u/s. 394 of the IPC and sentenced, as mentioned aforesaid.