BALVINDER SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This 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 03.11.2014 passed by learned Addl. Judicial Magistrate, Khatima, District Udham Singh Nagar, in Criminal Case No.718 of 2011, State vs. Balvinder and another, whereby the revisionists had been convicted and sentenced to one year s rigorous imprisonment along with fine of Rs.500/- each under Section 411 IPC and in default of payment of fine one month s additional simple imprisonment was awarded as well as judgment and order dated 01.09.2018 passed by the learned Addl. Sessions Judge, Khatima, in Criminal Appeal No.301 of 2014 Balvinder Singh and another vs. State , whereby the conviction and sentence awarded by the trial court had been confirmed.

(2.) Brief facts of the present case, inter alia, are that the informant- Mohan Chandra submitted an information Ex. Ka-1 with Police Station Nanakmatta, Udham Singh Nagar on 28.09.2009 regarding theft of his buffalos; on the basis of said information chick FIR Ex.Ka-8 was lodged on 28.09.2009.

(3.) The matter was investigated and after completion of investigation, the Investigating Officer submitted the charge-sheet Ex. Ka-6 against the revisionist under Sections 379 and 411 IPC. Accordingly, charges were framed on 27.11.2010, to which the revisionists-accused pleaded not guilty and claimed trial.