DEEPAK SIDAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THE petitioner has preferred this writ petition seeking quashment of the criminal proceeding in which he was tried for committing offence under Sections 457 and 380 of the IPC.

(2.) FACTS of the case, briefly stated, are that in the intervening night of 1/2 December, 2010, the petitioner along with other accused persons committed house trespass with intent to commit offence punishable with imprisonment and thereafter committed theft in the shop of complainant Laxman Prasad Baraith and took away one computer set of Epson company, another computer of HP, 20 numbers of G -5 Nokia mobile, one Samsung mobile, 10 numbers of memory card, one TV Tuner, one battery charger, one Nikon camera and mobile spare parts. The informant was informed by one Girdhar Baraith at about 5.30 am on 2.12.2010 that someone has committed theft in his shop by opening the lock by using gas cutter.

(3.) IN course of trial, complainant Laxman Prasad Baraith fully supported the case of the prosecution by proving the FIR (Ex. P/1); seizure memos Ex. -P/2, P/3 & P/4. Based on the petitioner's memorandum statement, several articles of theft were recovered from him vide Ex. -P/15, which was duly proved in course of trial. Thus, the offences having been proved, the petitioner was convicted for the said offences and was sentenced to undergo RI for 1 year and fine of Rs. 200/ -, in default, additional RI for 1 month for each of the offences. The appeal preferred by the petitioner is pending consideration before the Sessions Court.