VINOD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This judgment shall govern the disposal of these appeals as they are arisen out of same crime of same session trial, hence, they are heard analogously and are being decided by this common order.

(2.) The present appeals have been preferred by the appellants being crestfallen by the judgment of conviction and sentence dtd. 29/8/2001, passed by learned XVIII Additional Session Judge, District Indore in Sessions Trial No.20/1999, whereby the appellant Vinod has been convicted for the offence punishable under Sec. 392 of Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and sentenced to undergo 03 years R.I. with fine of Rs.500.00 and usual default stipulation while appellant Santosh has been convicted for the offence punishable under Sec. 392 read with Sec. 397 of IPC and sentenced to undergo 07 years R.I. with fine of Rs.500.00 and usual default stipulation.

(3.) As per the prosecution case, on 5/8/1998 one Dilip @ Guddu lodged a report stating that when he was sitting at his shop situated in Dwarkapuri (on the main road), Indore some unknown persons had assaulted him and robbed his shop. It is further alleged that at the time of incident Devendra (PW-2) and Bhagirath (PW-3) were also sitting in the shop. On the basis of the said report, the police registered an offence under Sec. 394 of IPC. Consequently, the police arrested six persons in connection with the said crime and after completion of investigation charge sheet was filed against them, under Ss. 294, 394, 395 read with Sec. 397 of IPC.