SHYAM SUNDER Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The Applicant has preferred the instant revision under Section 397 read with Section 401 of the Code of Criminal Procedure against the judgment dated 30.10.2004 passed in Criminal Appeal No.5 of 2004 by the Sessions Judge, Korba by which the Learned Sessions Judge has affirmed the conviction but reduced the sentence awarded to the Applicant vide judgment dated 21.7.2003 passed in Criminal Case No.2180 of 1998 by the Judicial Magistrate First Class, Katghora convicting and sentencing the accusedApplicant as under: Conviction Sentence Under Section 394 of the Rigorous imprisonment for 3 Indian Penal Code years and fine of Rs.3,000 with default stipulation.

(2.) While affirming the conviction imposed upon the Applicant under Section 394 of the Indian Penal Code, the Appellate Court reduced the sentence of rigorous imprisonment to 2 years from 3 years and affirmed the sentence of fine.

(3.) Brief facts of the case are that on 24.8.1993 at about 8:00 a.m. Complainant Kaushilyabai (PW1) went behind her house to attend the call of nature. All of a sudden, the Applicant came there from her back and snatched her mangalsutra made of silver and nose ring made of gold and fled. He was caught by the villagers immediately thereafter. First Information Report (Ex.P1) was lodged by her. During investigation, disclosure statement of the Applicant was recored on 26.8.1993 and based on which a mangalsutra and a nose ring were recovered from him and seized. Later on, the said ornaments were identified by Complainant Kaushilyabai to be of her vide Ex.P2. On completion of the investigation, a chargesheet was filed against the Applicant for the offence punishable under Section 394 of the Indian Penal Code. Charge was framed against him under Section 394 of the Indian Penal Code.