KAMLESH KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THESE two revisions are connected with the common order dated 29.9.1998 passed by the learned Additional Sessions Judge, Chhatarpur in two different appeals and therefore, these revisions are decided by this common order.

(2.) THE applicants were convicted for the offence punishable under section 392 of IPC vide judgment dated 17.4.1997 passed by the learned Chief Judicial Magistrate, Chhatarpur in criminal case No.11/1989 and sentenced for two years rigorous imprisonment with fine of Rs.1,000.00. In criminal appeals No.42/1997 and 51/1997 vide judgment dated 29.9.1998, the learned Additional Sessions Judge and Special Judge, Chhatarpur, dismissed the appeals in toto. Being aggrieved with the judgments passed by both the Courts below, the applicants have preferred the present revisions. 2. The prosecution's case, in short, is that, on 28.7.1998, the complainant Shanti Bai (P.W.1) went to her sister-in-law's house at village Hatwara, Police Station Kotwali, District Chhatarpur. The complainant and other guests went for some Pooja (worship). When they were coming back to the house, two boys, who were standing in that street, came forward and one of them had snatched a golden necklace of the complainant. The second boy shown a hand-made pistol to the complainant and other witnesses and then, both of them started running. However, the accused persons were chased by the witness Girjashankar (P.W.2) and other witnesses. Ultimately, the applicant Anil Kumar was caught by them. The applicant Anil Kumar told that the robbed property was with the other accused, who was Kamlesh Tiwari of Banda and who ran away from the spot. The held accused was taken to the Police Station Kotwali, District Chhatarpur and the complainant lodged an FIR, Ex.P/1. The applicant Anil Kumar has stated before the Police that the snatched necklace was with the co-accused Kamlesh and therefore, Kamlesh was also arrested. On interrogation, he informed about the necklace and therefore, a memo under section 27 of the Evidence Act was recorded from the applicant Kamlesh and thereafter, the necklace was seized. The entire necklace was duly identified by the complainant before the Sarpanch Deendayal Verma and a memo of identification, Ex.P/5 was prepared. After due investigation, a charge-sheet was filed.

(3.) THE learned Chief Judicial Magistrate, Chhatarpur, after considering the prosecution's evidence, convicted and sentenced the applicants as mentioned above, whereas, the appeals filed by the applicants were dismissed in toto.