CHATAR SINGH Vs. STATE OF M P

JUDGEMENT

(1.) THIS revision is directed by the applicant/accused, being aggrieved by the order dated 2.1.07 passed by the Sessions Judge, Hoshangabad in Cr.A.No.126/05 affirming the judgment dated 12.9.05 passed by the JMFC Seoni-Malwa in criminal Case No.816/2000 convicting and sentencing the applicant for the offence under section 456 and 323 of the IPC with a direction to undergo for RI six months with fine of Rs.1000/-, in default of payment of fine further RI 15 days in the earlier section while till rising the court with fine of Rs.1000/-, in default of payment of fine, further RI 15 days in the later section.

(2.) THE facts necessary to adjudicate this revision are that on 19.10.2000 complainant Rukmani Bai Harijan, resident of village Bhiladiya, lodged a report with police station Seoni-Malwa contending that in the last night, the applicant entered in her house and on hearing the noise, she tried to catch him but he fled away from such place. After holding the investigation, the applicant was charge-sheeted for the offence of section 456 IPC. On appreciation of the evidence, the charge for the offence under section 456 and 323 of the IPC were framed against him. He abjured the same, on which the trial was held. On appreciation of the evidence, the applicant was convicted and sentenced by the trial court as stated above. On filing the appeal, by affirming the judgment of the trial court, the same was also dismissed, on which, the applicant has come forward with this revision.

(3.) HAVING heard the counsel, after perusing the record, I have found that the evidence available on the record has been properly appreciated by both the courts below in holding the alleged conviction and affirming the same by the appellate court. So, on such question, this revision does not require any consideration for interference in the impugned judgment. It is noted that the finding part of the judgment has not been challenged by the applicant counsel during his arguments.