SONAU RAM NEMSINGH GOND Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred against the judgment of conviction and order of sentence dated 30-11-2011 passed by the Special Judge, Kabirdham (Kawardha), CG in Special Case No. 57 of 2009 wherein the said Court has convicted the appellant for commission of offence under Sections 457 of IPC and sentenced him to undergo rigorous imprisonment for two years and fine of Rs. 2000//- with default stipulations.

(2.) In the present case, name of the complainant is Shyamlal. As per version of prosecution on 10-7-2008 in the night about 1. 30 a. m. , appellant entered into the house of complainant namely Shyamlal situated at village Chimra for commission of theft. On hearing sound, complainant woke up and opened the door and saw that one had entered into kitchen. As per version of the complainant, appellant tried to run away, the complainant chased him and caught hold him in front of the house of one Kaushal Sahu and other witnesses also reached to the spot. The matter was reported and investigated. After completion of trial, the trial Court convicted and sentenced him as aforementioned.

(3.) Learned counsel for the appellant would submit as under: