DEVCHARAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal revision is directed against the judgment dtd. 21/10/2014 passed by the Second Additional Sessions Judge, Sakti, District-Janjgir Champa, in Criminal Appeal No.92/2014, whereby conviction under Sec. 414 of the IPC awarded by the Judicial Magistrate First Class, Jaijaipur in Criminal Case No.218/2014 vide judgment dtd. 29/9/2014 has been altered under Sec. 403 of the IPC and reduced the sentence from RI for six months to the period already undergone by the applicant from 4/5/2014 to 21/10/2014 i.e. SI for 169 days and fine amount shall remain intact to the tune of Rs.100.00.

(2.) The prosecution case, in brief, is that Assistant Sub Inspector D.S.Paikra (PW-5), Police Station-Hasaud, District Janjgir-Champa on 3/5/2014 at about 17.30 p.m. received secret information that the applicant and one other person namely Bharat Banjare were going for selling of stolen motor cycles. On such information, the applicant has been apprehended and Bharat Banjare absconded. From the possession of the present applicant, one Hero Honda Passion Plus bearing registration No.JH02 J/3780 and one Pulser Bajaj bearing registration No.CG11 CF/3676 were seized vide Ex.P-1. Arrest memo (Ex.P-2) was prepared. The applicant failed to explain the possession of motor-cycles and has not produced any documents. For other accused Bharat Banjare who has absconded, panchnama (Ex.P-5) was prepared. Statement of the witnesses were recorded. After completion of investigation, chargesheet was filed before the jurisdictional criminal Court. The applicant abjured his guilt.

(3.) In order to bring home the offence, the prosecution examined as many as 5 witnesses and exhibited 7 documents Exs.P-1 to P-7. Statement of the accused/applicant was recorded under Sec. 313 of the CrPC in which he has stated for false implication and has not adduced any defence evidence nor produced any document in his support.