HARIBALLABH K RAWAT Vs. STATE OF MP

JUDGEMENT

(1.) The appellant has preferred this appeal under Section 374 (2) of Cr. P.C. aggrieved by the judgment of conviction and sentence dated 10th April, 2007 passed by the Special Judge (M.P.D.V.P.K. Act) Shivpuri in Special Sessions Trial No. 84/06 whereby held the appellant/accused guilty for the offence punishable under Section 307/34 of IPC and also under Section 394/34 read with Section 397 of IPC and sentenced to seven years - R. I. with a fine of Rs. 1000/- on each count. All these sentences are directed to run concurrently.

(2.) Brief facts of the case are on 28-7-2006, the complainant Charanjeet Singh, while returning from his field on the motor-cycle No. MP33/B3811 at that time nearby Kunwarpura Road, the appellant/accused together with three accused persons came there and stopped the complainant. The appellant accused started firing on the complainant by means of a country made pistol and, thereafter co-accused had looted the currency note of Rs. 20,000/-, one Nokia mobile and one golden ring from the possession of the complainant Charanjeet Singh and also forcibly taken away the motor cycle belonging to the complainant. The matter has been reported to the Police Station Sirsor, on which basis, police had registered a case under Sections 307, 394 of IPC. Send the injured/complainant for medical examination. During investigation, looted property had been seized from the possession of the appellant Harivallabh and other articles from the co-accused Maniram and after due investigation charge-sheet has been filed.

(3.) The appellant/accused abjured the guilt and his defence is of false implication. The learned trial Court after due appreciation of the entire evidence on record acquitted the co-accused Maniram from the aforesaid charges but held the appellant/accused Harivallabh guilty for the offence punishable under Sections 307, 394 read within Section 397 of the IPC. Aggrieved by which, the appellant has preferred this appeal.