FAIM@ FAMMU Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Revisionist is a convict. He was convicted under Section 380 IPC, in Criminal Case No. 619 of 2012, State vs. Faim, by the court of learned Judicial Magistrate, Ram Nagar, District Nainital (for short "the case") on 21.02.2013 and sentenced to two years rigorous imprisonment and a fine of Rs.1,000/-. This order is impugned. The order of the trial court was challenged by the revisionist in Criminal Appeal No. 30 of 2013, Faim@ Fammu@ Mohd. Saleem Vs. State, in the court of learned Additional District and Sessions Judge/Special Judge, CBI, Nainital. The appeal was dismissed on 11.06.2013. It is also impugned.

(2.) Facts necessary for disposal of this revision, briefly stated are that on 12.11.2012, at about 3:00 PM, the revisionist was caught red handed, when he was trying to run away after stealing various articles from the Shivalaya (Lord Shiva Temple) situated in Village Chilkhiya. The articles include large and small bells, a brass lota (globular water container) and an idol of Goddess Durga. The revisionist was caught by PW3 Sunder Singh, PW4 Gopal Singh and other villagers. PW2 Sanjay Singh Bhandari was also called. The revisionist was taken to the Police Station alongwith the articles recovered from him and FIR was lodged. The matter was investigated and charge sheet submitted against the revisionist under Sections 380 and 411 IPC.

(3.) On 07.12.2012, charge under Sections 380 and 411 IPC was framed against the revisionist, to which, he denied and claimed trial. In all, four witnesses were examined by the prosecution. The revisionist was examined under Section 313 of the Code of Criminal Procedure, 1973. The revisionist told that he was urinating near the temple, therefore, he was falsely implicated. By an impugned order dated 21.02.2013 passed in the case, the revisionist has been convicted and sentenced under Section 380 IPC, as stated hereinbefore. This judgment and order was challenged in the appeal, which was dismissed.