Decided on February 27,2003

Vijay Kumar Alias Munna Appellant
State Of M.P. (Now State Of C.G.) Respondents


L. C. BHADOO, J. - (1.)This Criminal Revision has been preferred by the accused/Applicant Vijay Kumar @ Munna against the judgment passed by the learned Sessions Judge, Durg in Criminal Appeal No. 113/93 by which learned Sessions Judge upheld the conviction under Section 392 of the Indian Penal Code passed by the learned Chief Judicial Magistrate, Durg in Criminal Case No. 2985/92 vide judgment dated 7-10-93, in which learned Chief Judicial Magistrate while convicting the accused/Applicant under Section 392 of the IPC sentenced him to undergo seven years rigorous imprisonment and pay a fine of Rs. 5,000.00 and in default of payment of fine to undergo six months simple imprisonment. Learned Sessions Judge maintained the conviction however reduced the sentence to five years.
(2.)The relevant prosecution story for the disposal of this criminal revision is that complainant Doodhnath reported the matter to the police station-Bhilai Nagar on 5th February, 1988 at 22.15 hours in the night that today at about 21.45 hours after completing his work he left his office at 20.30 hours and was coming on the cycle to his residence, on the way, he was going to Kotwali for delivering the urgent dak. When he reached near M.D. Bungalow Chowk Sector-9, Hospital Road, three boys were standing on the side of the road and their bicycles were also standing near them, they stopped him in the middle of the road and one of the boys asked the other boy naming Vijay to look out knife, on this he took out the knife and the second person's name was called out by the other persons and Vijay said snatch the money, then other person took out Rs. 50.00 from his pocket forcibly. Vijay after taking out the knife asked him where you are residing and what are you doing. When the complainant informed him that I am working in the police office Bhilai and I am going to my residence, the other person namely Dara torn his pocket of the shirt, and other boy snatched his wrist watch H.M.T. 17 black dial. On receiving this report Ex.P/3 the S.H.O. police station registered a case. During investigation the accused was arrested on 9th February, 88 and during the police custody the accused/Applicant gave information under Section 27 of the Evidence Act which was reduced in writing by the Investigating Officer as Ex.P/1 and in pursuance to this information the watch was recovered at the instance of the accused through Ex.P/2. Some other watches were also recovered. Thereafter the identification parade and other formalities were conducted and watch was also got identified and after completion of the investigation the police filed a charge sheet against the accused as well as other two persons. Learned Chief Judicial Magistrate convicted the accused/Applicant and other co-accused Dara, however acquitted the third person.
(3.)I have heard Shri M.P. Section Bhatia, learned Counsel for the accused/Applicant as well as Shri Prafull Bharat, learned Panel lawyer for the State.

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