HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR SINGLE BENCH PRESENT:

HON'BLE MR. JUSTICE G.S. AHLUWALIA Criminal Appeal No.165 of 2009 Babloo @ Bhoora -Vs-

State of M. P.

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Shri R.K.S. Kushwah, counsel for the appellant.

Shri R.D. Agarwal, Panel Lawyer for the respondent/State.

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J U D G M E N T

(17/01/2017)

This appeal under Section 374 of Cr.P.C. has been filed by appellant Bablu @ Bhura against the judgment and sentence dated 5-11-2008 passed by Special Judge, Datia in Special Case No. 70/2007, by which the appellant has been convicted under Section 397 of I.P.C. read with Section 13 of M.P.D.V.P.K. Act and has been sentenced to undergo the rigorous imprisonment of 7 years with fine of Rs. 5,000/- with default imprisonment. By the same judgment, two persons namely Ravikant and Hargovind, were acquitted by the Trial Court.

2. The undisputed fact is that the place of incident, i.e., Chirgaon-Bhander Road, bridge of Vichhodana Canal has been notified as Dacoity effected area by notification No. F-

12-1/2000/B(1) dated 24-1-2000.

3. The necessary facts for the disposal of the present appeal are that on