JUDGEMENT

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

2. These criminal appeals is preferred under Section 374 of Cr.P.C. by the appellants being aggrieved by the judgment dated 27.12.2023, passed by learned IV Additional Sessions Judge, District-Indore in Sessions Trial No.08/2021, whereby the appellant Pradeep @ Lucky has been convicted for the offence punishable under Section 394 of the Indian Penal Code, 1860 (hereinafter referred as to "IPC") and sentenced to undergo 07 years R.I. with fine of Rs.1,000/- and default stipulation and the appellants Avdhesh @ Rajjan and Jyoti @ Mona @ Monika have been convicted under Section 394 of IPC and sentenced to undergo 05-05 years R.I. with fine of Rs.1,000/- each and default stipulations.

3. As per the prosecution story, on 28.08.2020 at around 08:30 pm, the complainant/Monu Sahu took his bike bearing registration No. MP09 YS 1895 to go to his uncle Ramesh Sahu's home situated at Yadavnand Nagar. As soon as complainant reached Dargah D.P., Indore, he received a call when he stopped his bike to pick up the call, he took his phone from his left pocket, while trying to pick up the call, call was disconnected. Meanwhile, the co-

accused Pradeep @ Lucky came to complainant and asked him to give his phone, the complainant refused to give his mobile. Then the co-accused Pradeep @ Lucky asked the complainant to make a call. Complainant switched on his phone and while telling the number to the complainant, co-accused Pradeep @ Lucky snatched his phone and ran towards the active which had no registration number, where the other co-accused persons were standing near the activa as soon as co-accused came, one person started the active on which all three accused persons trying to run away from there on activa, when co-

accused moved activa, all three accused persons fell down from activa and complainant parked his vehicle near them and grabbed the collar of co-accused Pradeep @ Luck. Then co-accused Pradeep @ Lucky took out the knife from his pant and hit the complainant on the calf of his left leg due to which bleeding was started. When complainant shouted, his cousin Kiran Sahu and other women who were worshipping at the temple and also one Hemant Nayak came and saw the co-accused Lucky @ Pradeep and other three persons were running away from the spot. Thereafter, the complainant/injured lodged an FIR bearing Crime No. 892/2020 against the accused persons under Section 394 read with Section 34 of IPC.

4. The police after following the due procedure, prepared the spot map, taken the statements of the witnesses, seized the article i.e. sharp knife, injured person was sent for treatment and arrested the accused persons and after due investigation filed the charge-sheet. The matter was committed to the Court of Sessions.

5. The appellants were tried and charged under Section 394/34 of IPC. They abjured their guilt and prayed for trial. The learned trial Court, after considering the evidence and material available on record has convicted the appellants, as stated above in para No. 1 of this order.

6. The appellants have preferred this criminal appeal on several grounds but during the course of arguments, learned counsels for the appellants did not press this appeal on merits and not assail the finding of conviction part of the judgment. It is further submitted that being a lady, the appellant Jyoti @ Mona @ Monika has already undergone a period of more than 08 months out of his incarceration and appellant Avdhesh @ Rajjan Yadav has already undergone a period of approximately 01 year and 10 months out of his incarceration. He confines his arguments on the point of sentence and fine . Counsels for the appellants assure that the appellants will not involve in such criminal activities in future. They also submitted that having regard to all circ