SUNIL BHATT Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal revision, preferred by the revisionists u/s 397/ 401 of Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed against the judgment and order dated 21.03.2009 passed by learned Chief Judicial Magistrate, Uttarkashi in Criminal Case No.1811 of 2006, State Vs. Sunil Bhatt and Others, whereby the learned Chief Judicial Magistrate convicted the revisionists under Section 411 IPC and awarded one years rigorous imprisonment along with a fine of Rs.1,000/- to each one of them as well as the order dated 18.09.2009 passed by learned Sessions Judge Uttarkashi in Criminal Appeal No.17 of 2009 "Naveen Chandra and Others Vs. State, whereby the learned Sessions Judge dismissed the appeal affirming the order dated 21.03.2009 passed by the learned Chief Judicial Magistrate.

(2.) Facts, to the limited extent necessary, are that Executive Engineer, N.P.C.C. Dharasu, Mr. Kedar Singh submitted an application at P.S. Dharasu on 02.10.2006 alleging that on 02.10.2006 at about 7:00 p.m. driver Sunil, who was driving the vehicle UA 07A-1846 in which the other accused-Prem Mohan Shaklani and Navin Chandra, were also present. The above accused persons were carrying the steel rods belonging to N.P.C.C. On the basis of the said information an FIR Ex. Ka-8 was lodged at P.S. Dharasu. After the investigation, I.O. submitted charge sheet Ex Ka-6 before the trial Court.

(3.) On the basis of charge sheet, cognizance was taken by the learned Trial Court and charges were framed under Sections 379 and 411 IPC on 08.12.2006.