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Madhya Pradesh High Court · body

2012 DIGILAW 1133 (MP)

Sanavvar v. State of M. P.

2012-11-06

N.K.GUPTA

body2012
Judgment N.K. Gupta, J.;- 1. This judgment shall govern disposal of the above mentioned criminal appeals, since both the appeals arise out of common impugned judgment. These criminal appeals are preferred by the appellants being aggrieved by the judgment dated 26/9/2011 passed by the 14th Additional Sessions Judge, Bhopal in ST No. 586/2010, whereby the appellants were convicted for commission of offence punishable under Section 392 of IPC and sentenced for four years' rigorous imprisonment with fine of Rs. 1,000/- each. In default of payment of fine amount, one year's RI was also directed. 2. The prosecution's case, in short, is that the complainant Mohsin (PW-1) was employed with one Surendra Singh, Contractor of Sanchi Milk Federation, who was collecting the price of the milk from the customers. On 15.4.2010 at about 1:20 PM when the complainant was going towards his house situated at Govindpura, Bhopal, two unknown persons came on a motorcycle and dashed the motorcycle of the complainant. One accused shown a dagger to the victim and snatched a black bag containing a sum of Rs. 1,52,376/- and another accused took the keys of his motorcycle. Thereafter they ran away by their motorcycle. The complainant lodged an FIR at Police Station Govindpura, Bhopal. During the investigation, the appellants were identified and some portion of the robbed property was also seized from them. After due investigation, a charge sheet was filed before the JMFC Bhopal, who committed the case to the Sessions Court, Bhopal, and ultimately the case was transferred to the 14th Additional Sessions Judge, Bhopal. 3. The appellants-accused abjured their guilt. No specific plea was taken by them. No defence evidence was adduced. 4. The learned Additional Sessions Judge after considering the prosecution evidence convicted the appellants for commission of offence under Section 392 of IPC and sentenced them as mentioned above. 5. I have heard the learned counsel for the parties. 6. After considering the submissions made by the learned counsel for the parties, it is apparent that the appellants do not want to challenge the conviction directed against them, but they pray to reduce the jail sentence directed against them. The appellants remained in the custody for more than 14 months during the trial and thereafter they are in custody since last one year. Hence they remained in the custody for more than two years. The appellants remained in the custody for more than 14 months during the trial and thereafter they are in custody since last one year. Hence they remained in the custody for more than two years. It is mentioned by the learned Additional Sessions Judge that the appellants were the first offenders and no criminal past was shown against them. They were the youths of 24 and 29 years respectively at the time of incident. It is true that chain snatching is increasing in various big cities like Bhopal, but the accused should be punished for his own crime. He cannot be punished for the crime of others. In the present case, though a bag of Rs. 1,52,376/- was snatched, but the appellants remained in the custody for more than two years. Looking to their age and overt-act, it appears that two years' sentence is sufficient against them. Therefore, their jail sentence can be reduced to the period which they have already undergone in the custody. However, there is no reason in reducing the fine amount imposed upon them. 7. On the basis of the aforesaid discussion, the appeals of the present appellants are partly allowed. The conviction directed for the offence under Section 392 of IPC is hereby maintained, but the jail sentence of the appellants is reduced to the sentence which they have already undergone in the custody. No change in the fine amount. 8. At present the appellants are in custody, and therefore the Registry is directed to issue supersession warrants so that the appellants may be released, if they have deposited the fine amount before the jail authorities or before the trial Court. A copy of this judgment be sent to the trial Court along with its record for information and compliance.