ANISH @ KHAPPAR AND OTHERS Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 26.6.2014 passed by First Additional Sessions Judge, Durg in Session Trial No. 54/14 whereby and whereunder the trial Judge after holding the appellants guilty for house breaking in the night in order to commit offence punishable with imprisonment by sharing common intention committed theft in dwelling house, convicted the appellants under Sections 457 and 380 read with Section 34 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for three years, three years and to pay Fine of Rs. 5,000/-, Rs. 5000/-, in default of payment of fine, to further undergo RI for six months and six months respectively to each appellants.

(2.) Conviction is impugned on the ground that without there being an iota of evidence, the trial Court has convicted and sentenced the appellants as aforementioned, thereby committed illegality.

(3.) As per the case of the prosecution, on 20.5.2013, complainant (PW-1) along with his family members left their house in a locked condition and thereafter when they returned early morning at 4.00 am, lock of their house was broken and on verification, it was found that golden ornaments, silver ornaments, one titan watch and some cash were stolen. Thereafter he enquired the matter and finally on 07.9.2013 he lodged First Information Report before Police of Old Bhilai, who registered Crime No. 380/13 under Section 457 and 380 of the IPC against unknown persons. During investigation, the appellants were taken into custody, their disclosure statement were recorded and thereafter on the basis of disclosure statements stolen articles were seized from the them. After completion of investigation, charge sheet was filed against four appellants for the offence under Sections 457 and 380/34 of the IPC and also against one co-accused Satish Kumar for the offence under Section 413 of the IPC. Court below framed charges accordingly. All the appellants and the co-accused denied the charges and pleaded for trial.