SAURAAB KHAN Vs. STATE OF M. P.

JUDGEMENT

(1.) This appeal is preferred by the appellants under Section 374 of the Cr.P.C. against the judgment of conviction and sentence dated 04.11.2015 passed by the Additional Sessions Judge and Special Judge (Dacoity), Lahar, District Bhind in Special Session Trial No.46/2015, whereby each appellants has been convicted under Section 394 of the IPC and sentenced to undergo rigorous imprisonment of 10 years and fine of Rs.25,000/- with default stipulation. The appellants have also been convicted under Section 13 of the M.P. Dakaiti Aur Vyapharan Prabhavit Kshetra Adhiniyam, 1981 (for short 'MPDVPK Act').

(2.) The prosecution story, in short, are that on 19.11.2011 at around 7.30 PM, complainant Amit Singh was coming from his village Bheemnagar on his Motor Cycle No. DL5SW6622. When he reached on the culvert behind Mallpura, four unknown/accused persons aged about 20-22 years came and stopped him. One of them gave a lathi blow, due to which the complainant fell down from his motorcycle and then the accused persons caught and took him towards the field and tied him with shoes laces and looted his mobile of duel SIM card, Rs.20,000/- and Motor Cycle No.DL5SW-6622. About the incident, complainant Amit Singh Chauhan alongwith his uncle Vishamber as well as Hardayal lodged F.I.R. at Police Station Lahar, which was registered at Crime No.247/2011 against the unkown persons.

(3.) During the investigation, one mobile was seized from the appellant No.1 Sauraab Khan and one motorcycle was seized from the appellant No.2 Chhotu vide seizure memos Ex.P-9 & P-8 respectively which were prepared under Section 27 of the Evidence Act. Identification parade was also conducted. On the basis of Test Identification Parade and seizure memos, the appellants alongwith two other persons were charged with under Section 394 of IPC read with Section 11/13 of MPDVPK Act. The accused/appellants abjured the guilt and stated that they have been falsely implicated in the aforesaid crime. Both the appellants are poor labourer. They are innocent and have not committed any offence.