DILIP Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Both the appeals are arising out of the judgment dated 24/4/2006 passed by the Additional Sessions Judge, Garoth, Distt. Mandsaur in S.T.No. 95/2005 (State Vs. Dilip and others). The appellants have been convicted for an offence u/S. 392 read with Sec. 397 of the Indian Penal Code and sentenced to 7 years RI with fine Rs.1,000/-, with default clause to undergo 1 months additional RI, in case of non payment of fine.

(2.) As per the prosecution case on 25/5/2005, at about 10:00 p.m., the complainant Rod Singh (PW 3) was returning back to his house on a motorcycle and along with him one Ganga Singh (PW 5) and Lal Singh. They were the pillion rider and when they were moving towards Bhimkhedi they were stopped by four persons namely; Dilip, Ramlal, Kamlesh and Shivkaran. As per the first information report which was lodged by Rod Singh, Dilip assaulted the complainant Rod Singh by a Lathi and took Rs.700/- as well as one Allwyn Watch. It was further stated in the FIR that Lal Singh was having Rs.1500/- (three notes of Rs.500/-). The First Information Report was lodged at Crime No. 122/2005 and thereafter the matter was investigated and charge sheet was filed. Finally, the trial Court after examining Rod Singh (PW 1), Dr. Adhir Kumar Mishra (PW 2), complainant Rod Singh (PW 3), Balusingh (PW 4), Gangasingh (PW 5), Manohar Singh (PW 6), Kailash (PW 7), Ambika Prasad (PW 8), Phoolchand (PW 9) and Nepal Singh (PW 10), has convicted the appellants. The trial Court has also taken into account Exs. P/1 to P/17.

(3.) At the outset, learned counsel for the appellants have informed this Court that though the appeal was filed in the year 2006, the sentence was not suspended and the appellants Dilip and Ramlal have already undergone the entire sentence as the matter is only being heard in the year 2019 finally.