SANTOSH KUMAR S/O AASARAM GOND Vs. STATE OF CHHATTISGARH THROUGH POLICE STATION RAJHARA, DISTRICT DURG, CG

JUDGEMENT

(1.) The accused/applicant has preferred this revision petition against the judgment of conviction and order of sentence dated 25.01.2008 passed by Additional Sessions Judge, Balod District Durg, CG. in Criminal Appeal No. 39/2007 affirming the judgment dated 22.01.2007 passed by Judicial Magistrate First Class, Balod in Criminal Case No. 463/2005 convicting the accused/applicant under Section 457 and 380 IPC and sentencing him to undergo RI for six months with fine of Rs. 200/- for each offence, plus default stipulation.

(2.) Facts of the case, in brief, are that on 15.07.1998 one portable colour TV purchased by the complainant namely Kuber PW-2 was stolen from his house. On the basis of memorandum of accused/applicant the same was seized from one Seema - the daughter of absconding accused Dankwar. On the basis of report Ex. P-1 offence under Section 380 IPC was registered against the unknown persons. However, after investigation the Challan was filed against the present applicant and three others under Sections 457, 380, 411, 34 IPC followed by framing of charge.

(3.) On the basis of material on record learned Magistrate convicted and sentenced the accused/applicant as mentioned above but at the same time the other accused person were acquitted of the charges leveled against them. On appeal, the findings recorded by learned Magistrate have been affirmed by the judgment impugned. Hence this revision.