KANHA Vs. STATE OF M P

JUDGEMENT

(1.) With the consent of both the parties, heard finally. The appellant has preferred this appeal against judgement and order dated 14.12.2016 passed in S.T. No.843/15 by 2nd ASJ, Mhow, District, Indore whereby the learned trial Court has convicted the appellant under Sections 394 and 342 of IPC and sentenced him for 7 years and 1 year R.I. with fine of Rs. 10,000/- with default stipulation.

(2.) Prosecution case in brief is that on 14.06.2015, when the complainant Sanidhya Goswami, Parth Goswami, Ishan Goswami and Thomson Josef had gone for a picnic at Kajligarh, four unknown scoundrel armed with daranta, gofan and sticks attacked on them. They threatened them to hand over their valuables. The person having gofan, struck it on right cheek of Sanidhya Goswami. The person having daranta snatched mobile and purse containing Rs. 2000/- from him and also snatched I-phone 6 worth of Rs. 71,500/- and Rs. 900/- cash from Sanidhya Puri, bag of LP company and Rs. 250/- cash from Arpan, one Nokia Mobile and Cash of Rs. 2,000/- from Parth Puri and purse containing Rs. 100/- from Ishan Goswami and one steel Kada, one HTC mobile, Rs. 500/- cash, two ATM Cards, Driving License, Aadhar Card and Registration Card of motorcycle from Thomson Josef by putting them in fear of death. They also detained them for an hour near a nullah and asked them to go back with threat that if they do not follow the orders, they will kill them. After the incident, Sanidhya Puri lodged report with the police Station-Simrol which was registered at crime No.224/2015 under Section 342, 292 and 394 of IPC. During investigation, the police apprehended the appellant alongwith the co-accused persons Sanjay and Shriram and interrogated them. on the information given by the appellant, the police recovered four currency notes of Rs. 500/- denomination, in total Rs. 2,000/- cash, one gray colour Samsung mobile and a bamboo stick from his possession. Some other recoveries were also made from the co-accused persons. The appellant was put for identification and all the complainants have identified him. After other usual investigation, the police filed charge-sheet against three accused persons namely Kanha, Sanjay and Shriram. Kanha has preferred this appeal.

(3.) The appellant was charged U/s 394 and 342 of IPC. He abjured his guilt. After appreciating the evidence, the learned trial Court held him guilty and punished as stated in para 1 above.