RADHU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This judgment shall govern the disposal of the aforesaid four appeals as they arise out of common judgment of conviction and sentence.

(2.) The appellants have preferred these appeals against the judgment dated 14th February 2018, passed by Additional Sessions Judge, Jobat, District Alirajpur in Sessions Trial No.146/2014, whereby each of the appellants have been convicted under Sections 392 of the Indian Penal Code and sentenced to R.I. for ten years along with fine of Rs. 5,000/-. In default of payment of fine, each of the appellant has further been sentenced to imprisonment for four months.

(3.) In short, the prosecution case is that on 10.5.2012 complainant Pankesh has lodged a report at Police Chowki Barjhar to the effect that on 8.10.2012 he along with his cousin Mukesh were going of their motorcycles towards their house at village Dewda, when they reached near Ringol Sukha Sagon, at about 11 PM four persons on two motorcycles stopped them and accused Dinesh placed country-made pistol on their chest and accused Khapriya snatched silver bracelet and silver ornament wore by him on the waist at that time at after threatening them to life they fled away from the spot. On the basis of information, FIR Ex.P/10 was registered at Police Station Chandra Shekhar Azad Nagar vide crime no.86/2012 for the offence under section 392 of the I.P.C. During investigation, spot map was prepared, statements of witnesses were recorded. Accused Dinesh was arrested on 11.5.2012. On the memo of accused under section 27 of the Evidence Act, a silver bracelet and a motorcycle bearing Chasis No.MD2-DSJ2ZZ UPL-5382 were recovered. Accused Jor Singh was arrested on 31.10.2012 and on his information 6 notes of Rs. 500/- were recovered. Accused Khapriya and Radhu were found absconded. However, later, accused Khapriya was arrested and on his information silver ornament wore on waist was recovered. After investigation, chargesheet was filed in the Court of JMFC Jobat. Thereafter, accused Radho was arrested on 6.9.2015 and on his information Rs. 2,000/- cash and one silver ornament was recovered and separate charge-sheet was filed in the Court of JMFC Jobat. On committal, the case was tried by the court of A.S.J. Alirajpur.