Order on Board

05/09/2019

1. The present revision arises out of the impugned judgment of conviction and order of sentence dated 28.07.2006 passed by the learned 4th Additional Sessions Judge, Durg, District-Durg in Cr. Appeal No. 48/2005 whereby, the learned appellate Court below has confirmed the conviction and sentence of the accused/applicants as awarded by the learned Judicial Magistrate First Class, Durg, vide its judgment dated 03.02.2005 in Criminal Case No. 905/2001 for the offence under Section 394 of the IPC and sentenced them to undergo R.I. for 1-1 year with fine of Rs. 1,000/- - 1,000/-

each, plus default stipulation.

2. Brief facts of the case are that complainant Janak Lal lodged a report that on 11.06.2001 at about 20:45 pm. near Dogiya Pond the applicants looted Rs. 440/- from him and during this loot they committed Mar-Peet with him. On this ground criminal case has been lodged against the present applicants after completion of investigation, charge sheet was filed and charges were framed against the applicants.

3. So as to hold the accused/applicants guilty, the prosecution has examined as many as 11 witnesses and applicants examined 1 witness in their defence. Statem