RAKESH KUMAR BHANDARI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal revision, preferred under Section 397/401 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.) is directed against the judgment and order dated 31.8.2009 passed by learned CJM, Uttarkashi in Criminal Case No.395 of 2008, State v. Dharam Singh and others and judgment and order dated 31.08.2009 passed in Criminal Case No. 396 of 2008, State v. Dharam Singh and others, whereby the learned CJM has convicted the revisionist Rakesh Kumar Bhandari u/s 411 IPC in each of the cases and sentenced him to undergo three years' S.I. each and to pay fine of Rs.1,000/- each; as also order dated 30.11.2009 passed by learned Sessions Judge, Uttarkashi in Criminal Appeal Nos.35/2009 and 37/2009, whereby the Appellate Court has confirmed the conviction but reduced the sentence to two years' S.I. instead of 3 years with fine of Rs.1,000/-.

(2.) Facts to limited extent are that in criminal case no.395 of 2008, State Vs. Dharam Singh and others an information (Ex.Ka-2) was given by the informant Gajendra Parmar and Prem Singh Gusain with police Outpost Dunda on 12.8.2007 regarding the theft committed by unknown persons in Renuka Temple. On the basis of this information, FIR Ex.Ka-5 was lodged with P.S. Dunda (Uttarkashi) against unknown persons. After investigation, charge-sheet Ex.Ka-4 was submitted against the revisionist as well as other persons u/s 380 and 411 IPC.

(3.) C.J.M. Uttarkashi, on receipt of the chargesheet, after giving necessary copies to the accused as required u/s 207 Cr.P.C., took the cognizance and, accordingly, Charges were framed. The accused pleaded not guilty and claimed to be tried. From the prosecution got examined PW1 Dharmendra Singh, PW2 S.I. Rajendra Kumar Gaur, PW3 Gajendra Singh, PW4 Pradeep Bisht, PW5 Virendra Singh Negi.