SHAMBHU Vs. STATE OF U P

JUDGEMENT

(1.) SURYA Prasad, J. This is a Criminal revision against the judgment and order dated 30- 11-1990 passed by the Sessions Judge, Banda in Criminal Appeal No. 71 of 1990 dismissing the appeal filed by the applicant-revisionist against the judgement and order dated 28-8-90 passed by the Munsif-Magistrate (S. V. A.) Banda in Criminal Case No. 1167 of 1989, convicting the appli cant-revisionist under Section 380, I. P. C. and sentencing him to two years rigorous imprisonment,

(2.) THE prosecution case briefly stated is that the accused-revisionist along with three others entered the house of the informant Devi Deen in the dead of night intervening 8th and 9th September, 1988 and committed theft in respect of the certain articles of Devi Deen. THE ladies who were sleeping in the courtyard of his house, had the feel of the thieves and consequently they woke up and raised alarm, hearing which Devi Deen, his son Lallu and his two relatives, who were sleeping in his Khaliyan which was situate quite conti guous to his house, woke up and came to his house. A neighbour named Ram Raj also reached there. Devi Deen and others saw the thieves running away. One of the thieves flashed his torch. THE accused-revisionist asked him not to flash the torch. Consequently Devi Deen and others recognised the accused-revisionist Shambhu by his voice. THE thieves ran away with the articles of Devi Deen. Devi Deen lodged a report. A case was registered against the accused-revisionist. Investigation ensued and after investigation into the case a chargesheet was submitted against the accused- revisionist.

(3.) HAVING beared the learned counsel for the parties and having consi dered the evidence on record, the learned Magistrate convicted (he revisionist under Section 380, IPC and sentenced him to two years ngorous imprisonment thereunder vide his judgment and order dated 28-8-90. An appeal being the Criminal Appeal No. 71 of 1990 was preferred against his judgment and order. But the appeal was dismissed. Therefore this criminal revision has been filed.