SURAJ AND ANOTHER Vs. STATE OF M P

JUDGEMENT

(1.) This criminal appeal has been preferred by the appellants u/s 374 (2) of the Code of Criminal Procedure being aggrieved by the judgment dated 7/08/09 passed by IIIrd Additional Sessions Judge, Sagar in S.T. No. 41/09 whereby they have been convicted u/s 392/34 of IPC and sentenced to RI for 10 years & fine of Rs.5000/- each in default to suffer further RI for 6 months.

(2.) The prosecution case, in brief, is that on 30/07/2008 at about 7:40 when Smt. Pratibha alongwith Smt. Sushila Gour was taking walk, at the same time, two persons came on motorcycle and out of them one has snatched the neckless of Smt. Pratibha. She went to her house and narrated the story to her husband Rakesh (PW-3) and lodged the FIR (Ex.P-1) at police station Gopalganj. During investigation both the appellants have been arrested thereafter, Rs. 125/- and Rs. 200/- have been seized at the instance of appellants Suraj and Akhilesh respectively. After the usual investigation, they have been charge sheeted before the Committal Court who in turn committed the case to the Court of Sessions. Additional Sessions Judge framed the charge u/s 392/34 of IPC.

(3.) Appellants abjured the guilt and pleaded false implication. After appreciation of evidence, appellants have been convicted and sentenced as mentioned hereinabove.