AJAY KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Instant revision is filed under Sec. 397/401 Cr.P.C. against the judgment and order dtd. 8/2/2008 passed by Additional sessions Judge/Special Judge, Lucknow in Criminal Appeal No. 208 of 2000, Guddu @ Ratan Lal and another Vs. State of U.P. dismissing the appeal preferred against the judgment and order dtd. 19/10/2000 passed by Vth Additional Chief Judicial Magistrate, Lucknow in case No. 1793 of 1996 under Ss. 457, 380 and 411 I.P.C. sentencing revisionist to undergo one rigorous imprisonment under Sec. 411 I.P.C.

(2.) As per prosecution story, F.I.R. was lodged against unknown persons on the ground that someone has stolen Shri Ram Honda Model EBK 1200 Engine No.0899537 Generator set of red colour by breaking the door of the shop in the night of 10/11/3/1996. A report was registered at police station on 21/3/1996 in crime No. 81 of 1996 under Sec. 457 and 380 I.P.C.

(3.) The investigation was conducted by investigating officer-Y.P. Singh, who recovered the alleged generator from the joint possession of Arun Kumar, Guddu and Ajay Kumar and prepared recovery memo thereof, recorded the statements of witnesses, prepared site plan and submitted charge-sheet under Sec. 457, 380 and 411 I.P.C. The trial court framed the charges under the above mentioned Ss. and read over to accused to which the accused abjured from the charges and claimed to be tried.