Virender Singh, J. - (1.)The appellants have preferred this appeal against judgment and order dated 12.01.2018 passed by Vth Additional Session Judge, Indore in Sessions Trial No.430/2015, whereby the learned trial Court has held the appellants guilty for the offence under section 394 of the IPC and awarded 4 years RI and fine of Rs. 500/- each and in default; further to undergo RI for two months.
(2.)Background facts sans unnecessary details are that on 01.03.2015 the complainant Aijazuddin Qureshi was going to buy some grocery articles from the shop situated at Kabutar Khana. On his way, as he reached near bridge of Chandrabhaga river near CP Nagar corner, one out of four miscreants standing near parked auto-rickshaw suddenly snatched his wallet containing a currency note of Rs. 1,000/-, his passport size photo, voter ID and few other papers, from pocket of his shirt. On his resistance, they all assaulted on him and beat him. As he made clamour, passerbys gathered, they fled from the spot by the same auto-rickshaw. He went home, revealed the incident to his neighbours, who suggested him to lodge a report first. Then he went to the police station Pandri Nath, Indore with Munnabhai and lodged FIR Ex.P/03. The police registered crime no.37/2015.
(3.)The police investigated the case, prepared spot map Ex.P/4, apprehended the appellants, interrogated them, recovered autorickshaw (Ex.P/10) on pointing out of appellant Sandeep and wallet Ex.P/12 containing photograph of the complainant, his voter ID, a currency note of Rs. 1,000/- along with some papers from appellant Dheeraj. The police put them as well as the wallet before the complainant for identification, who identified them correctly (Ex.P/5 & P/14). The police also recorded statements of the witnesses and after completing the investigation filed charge-sheet.