LAKHAN SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) This Criminal Appeal under section 374 of Cr.P.C., 1973 has been filed challenging the judgment and sentence dated 18-2-2016 passed by Xth A.S.J. Ujjain in Sessions Trial No. 378 of 2015 by which the appellant has been convicted under section 392 of Cr.P.C., 1973 and has been sentenced to undergo the rigorous imprisonment of 4 years and a fine of Rs. 5000/- with default imprisonment of rigorous imprisonment of 5 months.

(2.) The necessary facts for the disposal of the present appeal in short are that the complainant Smt. Shailja Richharia (P.W.1) lodged a report that on 22-5-2015 at about 8:45 pm, She was going towards her house along with her son Aman (P.W.2) on Activa Scooter. When they reached near Indiranagar, then one boy came from behind on a motor cycle and snatched the gold chain from her neck and drove towards Makodia-aam Aagar Road. His motor cycle was not having registration number and she can identify the said boy. Accordingly, the F.I.R. was lodged. The appellant was arrested and three gold chains were seized from his possession. The appellant was put for Test Identification Parade. He was duly identified by the complainant. Similarly, the gold chain seized from the possession of the appellant was also identified by the complainant. The police after completing the investigation, filed the charge sheet against the appellant for offence under Section 392 of I.P.C.

(3.) The Trial Court framed charge under Section 392 of I.P.C. which was abjured by the appellant.