DEEP CHAND Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The accused/ applicant has preferred this criminal revision under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, 1973 questioning the legality and correctness of the judgment dated 3.6.1996 passed by the Additional Sessions Judge, Durg in Criminal Appeal No. 175/1994 confirming the judgment of the Trial Court dated 14.12.1994 passed by Judicial Magistrate, First Class, Balod, in Criminal Case No. 482/1988 by which the accused/applicant has been convicted under Sec. 379 of the Indian Penal Code and sentenced to undergo SI for six months.

(2.) Case of the prosecution in brief is that 12 pieces of Iron Screen worth Rs. 500.00 were stolen from Rajhara Crushing Plant in between 12.9.1987 and 13.9.1987. The said articles were recovered on 13.9.1987 from the shop of the accused/applicant who deals in scrap material. After completion of the investigation the charge-sheet was filed against the accused/ applicant in the Court of Judicial Magistrate First Class, Balod who convicted and sentenced the accused as mentioned above. Against the order of the Trial Court, the accused preferred an appeal which was also dismissed on 3.6.1996.

(3.) I have heard Counsel for the parties and perused the material available on record.