DHARMESH @ DHARMENDRA Vs. STATE

JUDGEMENT

(1.) THE appellant -accused has preferred this jail appeal against the judgment of conviction and order of sentence dated 31.07.2012 passed by the learned Additional Sessions Judge, No.3, Udaipur, Camp Salumber in Sessions Case No.26/2011, whereby the appellantaccused has been convicted for the offences under Section 392 IPC and was sentenced for seven years' rigorous imprisonment with fine of Rs.3,000/ -, in default of payment whereof, to further undergo two months' rigorous imprisonment.

(2.) THE brief facts of the case are that on 12.10.2010, at about 10.15 a.m., complainant Dilip Kumar Jain submitted a report before the SHO, P.S. Rishabhdev alleging inter alia that he is having a shop on Paglyaji Road. On 11.10.2010, at about 9 p.m. in the night, when he was doing his work, then a person with covered face, entered in his shop and put him on gun point and asked for money for liquor and threatened him to give everything he was having and snatched two mobiles and purse in which there was currency notes of Rs.6,400/ - and ran away.

(3.) ON the basis of this report, the police registered FIR No.496/2010 for the offences under Sections 384 and 327 IPC against unknown person and investigation commenced. After investigation, the police filed charge -sheet against the appellant -accused for the offences under Sections 392 and 397 IPC on which after taking cognizance for the aforesaid offences, the case was committed to the court of learned Sessions Judge, Udaipur wherefrom the same was transferred to the court of learned Additional Sessions Judge, No.3, Udaipur, Camp Salumber (for short 'the learned trial court').