JAGDISH Vs. STATE OF U P

JUDGEMENT

(1.) THIS criminal revision is directed against the judgment and order dated 27.1.2006 passed by Additional Sessions Judge Court No. 11, Aligarh dismissing the criminal appeal arising out of Criminal Case No. 695/2001 (State of U.P. Vs. Jagdish and others) in Crime No. 43/1999 under Sections 457/380/411 IPC, P.S. Iglas, district Aligarh whereby revisionist - Jagdish has been convicted under Section 411 IPC and sentenced to one and a half year of rigorous imprisonment and a fine of Rs.5000/ - with default stipulation.

(2.) PROSECUTION case in brief is that a Jeep bearing No. DL 4 CD 7573 was stolen between the intervening night of 30.1.1999 and 31.1.1999 from the 'Garage' situate in Mohalla Baniyapara, P.S. Iglas, district Aligarh by unknown persons. After almost five months on 22.6.1999, complainant Bhajan Lal informed Station House Officer Sanjay Pal Singh and his companions that he had just seen revisionist/accused Jagdish travelling in his stolen Jeep, while they were petrolling the area on their official Jeep. Police personnel rushed after Jagdish, overtook and apprehended him at about 7 am. One marshel Jeep was recovered from his possession. Subsequent to investigation a charge -sheet was submitted against revisionist Jagdish and others. His son Raju, and two others, namely, Indrapal and Chigga were charged under Sections 457 and 380 IPC but revisionist Jagdish was charged under Sections 457,380 and 411 IPC. All accused denied allegations.

(3.) AFTER recording the evidence of both parties and on conclusion of trial, accused Chigga, Raju, Indrapal and revisionist Jagdish were acquitted under Sections 457& 380 IPC. However, revisionist Jagdish was convicted and sentenced under Section 411 IPC. Criminal appeal filed by Jagdish was dismissed on 27.1.2006. Aggrieved, Jagdish preferred present revision.