SUBHASH KASHYAP Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal revision is preferred u/s 397/401 Cr.P.C. against the judgment and order dated 30.9.2011 passed by First Additional Civil Judge/J.M. U.S. Nagar in Crl. Case No.12 of 2011, State v. Subhash Kashyap, whereby the learned Judge convicted the revisionist u/s 411 IPC and awarded one year R.I. with fine of Rs.1,000/- as well as the order dated 22.11.2011 passed by learned Sessions Judge, U.S. Nagar in Crl. Appeal No.153 of 2011, Subhash Kashyap v. State, whereby the learned Sessions Judge dismissed the appeal and affirmed the lower court order.

(2.) Facts, to the limited extent necessary, are that PW1 Pankaj Kumar Juneja submitted an information Ex.Ka-1 on 19.09.2010 with Kotwali Kichha, U.S. Nagar. On the basis of said information, Chick FIR Ex.Ka-6 was lodged on the very same day at 18:30 hours u/s 379 IPC against the unknown person. After the investigation, charge-sheet Ex.Ka-5 was filed u/s 379/411 IPC against the revisionist. Accordingly, cognizance was taken on 22.11.2011. After providing necessary copies to the accused-revisionist as required u/s 207 Cr.P.C., charges were framed against the revisionist u/s 379/411 IPC. He pleaded not guilty and claimed to be tried.

(3.) On this, the prosecution got examined PW1 Pankaj Juneja (informant), PW2 S.I. Amar Chandra Sharma, PW3 B.S. Bisht, PW4 Pramod Singh Rautela, PW5 Manoj Kohli and PW6 Manmohan Singh( Investigating Officer).