DILIP SINGH Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant has filed the present appeal challenging the judgment of conviction and order of sentence dated 26.09.2005 passed by Additional Sessions Judge, Ashta, District Sehore in Sessions Trial No. 149/1998 thereby convicting the appellant under Section 395 read with Section 397 of the I.P.C and sentencing him to suffer R.I for a period of 10 years along with fine of Rs. 2,000/-, in default of payment of fine, it is further directed to suffer R.I. for 1 year.

(2.) According to the prosecution story is that on 14.04.1997 at 02:00 PM in the night, Bhajan Singh lodged an F.I.R at the police station Ashta, District Sehore stating that he is the owner of GBC transport at Dewas Naka, Indore. On 28.03.2005, he had loaded the house hold goods of Air Force Commander in his truck bearing No. MP-09-KA-6435 and was going from Bombay to Shilong. Due to strike, he stayed at his house in Dewas Naka, Indore on 01.04.1997. On 14.04.1997, he left Indore at 02:00 PM in the afternoon on his truck. The right tyre of the truck was punctured at sonkachh. After getting the puncture repaired, when he left in the truck, it was already night time. The truck reached 10 km after Ashta, the front tyre of the truck on the cleaner side was punctured. Since it was dark in the night, he put on all the lights of the truck and thereafter he removed the punctured wheel and started putting up stapney in its place with the help of cleaner Kripal Singh. He saw his wrist watch and it was 12.45 AM. He saw from the lights of the truck that a group of 12 persons came from the front of the truck and started beating them. They were armed with lathis and pharsa. Those persons took away Rs. 6,400/- from a black purse kept inside the truck and also forcibly snatched Rs. 450/- from the pocket of Kripal Singh. They also snatched away his citizen wrist watch worth Rs. 6,500/- which was tied on his wrist. They also removed a tape worth Rs. 600/- which was fitted in the truck. At this juncture, a police vehicle came on the spot and seeing the said vehicle, the culprits ran away towards the fields. On report made by the appellant a case was registered under Section 395 read with Section 397 of the IPC against the appellant and 12 other persons. After investigation, a charge sheet has been filed against 10 persons including the appellant and trial was concluded and the appellant was found guilty for committing an offence under Section 395 / 397 of the IPC. Being aggrieved by the said judgment the appellant has filed the present appeal.

(3.) The trial Court after recording and on appreciating the evidence as well as the material placed on record found the appellant guilty, thus, convicted him under Section 395 read with Section 397 of the IPC and sentence him as aforementioned and therefore, order of conviction passed by the trial Court is upheld.