ROHIT KUMAR KOSTA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present Revision petition is directed against the judgment and order dated 02.09.2004 passed by the Additional Sessions Judge, Balod, District Durg, in Cr.A. No.198/2001 affirming the judgment and order dated 10.10.2001 passed by Judicial Magistrate First Class, Balod in Criminal Case No.22/2000 convicting the applicant under Sections 457 and 380 IPC and sentencing him to undergo R.I. for one year with fine of Rs.500/- and R.I. for one year with fine of Rs.300/- respectively, plus default stipulation.

(2.) As per the prosecution case, on 29.07.1997, a theft was committed in the shop of complainant Desh Kumar (PW/1). On the next morning when the shop was opened, eight saris, five full pants, eight biscuit packets, nine packets of bidi, three packets of cigarette, two packets of match box, one cloth roll, full pant school dress, umbrella and Rs.151/- were found missing. Along with the accused/complainant, one Loman and Mahesh were also arrested and FIR (Ex.P/1) under Sections 857 and 380/34 of IPC was registered against them.

(3.) After investigation, charge sheet was filed against applicant, coaccused Loman and Mahesh, however, at the time of framing charges, co-accused Loman admitted his guilt and accordingly he was sentenced to undergo R.I. for one year. The trial Magistrate framed the charges against applicant Rohit and co-accused Mahesh under Sections 457 and 380 of IPC.