RIZWAN @ BABWA Vs. STATE OF U P

JUDGEMENT

(1.) THIS revision has been preferred against the judgment and order dated 18.08.2005, passed by Chief Judicial Magistrate, Bulandshahar in Criminal Appeal No. 846 of 2004 (State vs. Rizwan and others), under Sections 457, 380 and 411 I.P.C., P.S. Gulawathi and judgment and order dated 27.02.2006 passed by Additional District and Sessions Judge, Court No. 3, Bulandshahar in Criminal Appeal No. 52 of 2005 (Rizwan and another vs. State of U.P.), whereby the revisionists have been sentenced one year R.I. and Rs. 500/ - fine, for the offence punishable under Section 457 I.P.C., one year R.I. and fine of Rs. 300/ - for the offence punishable under Section 380 I.P.C. and sentence of six months R.I. for the offence punishable under Section 411 I.P.C.

(2.) PROSECUTION case in brief is that on 15/16.02.2004 at about 2 O'clock, some people entered into the house of the complainant Mohd. Chand after breaking the door. On hue and cry the inmates of the house Shahnawaz, Salam Daad, Ilahi and other people waked up. The muffler of one of the miscreants got opened who was identified as Rashid. The miscreants also entered into the house of Tahir and took away the jewellery.

(3.) ON the basis of this, a report was lodged and case was registered on 17.02.2004. During investigation, on the pointing out of Rizwan some articles relating to theft were recovered. The investigating officer later on submitted charge sheet against the accused. Charges were framed against the accused Rizwan, Rashid, Mushir, Shamshad and Sallu under Sections 457, 380 and 411 I.P.C. The accused pleaded not guilty and claimed trial.