KRISHNA KUCHBANDHIYA Vs. STATE OF M P

JUDGEMENT

(1.) With the consent of both the parties, this Criminal Appeal heard finally.

(2.) This appeal under Section 374(2) of Criminal Procedure Code filed by the appellant being aggrieved by the judgment and finding dated 29.01.2018 passed by Additional Sessions Judge, Bina, Distt. Sagar in Session Trial No. 272/14, whereby the appellant was convicted under Section 392 of India Penal Code and awarded the sentence for three years with fine of Rs. 500/-, in default of payment of fine further R.I. for one month.

(3.) Case of prosecution in nutshell is that, on 06.04.2014, the complainant was travailing in general coach of Rajya Rani Express. At about 19.45 pm when the train was stopped at Mandibamora Railway Station, the complainant was standing in gate of general coach and watching cricket match in his mobile then accused came here and as soon as the train departed from station accused punched in the face of complainant and snatched the mobile phone and ran away. The complainant was shouted and chased the accused, then police and some persons caught the accused. On the basis of dehati nalishi Ex. P-4, FIR has been registered as Ex. P-5 by GRP Beena.