SAFIQ SHEIKH Vs. STATE OF M P

JUDGEMENT

(1.) THIS revision has been filed under Section 397 & 401 of the Cr.P.C. being aggrieved by the order dated 17.05.2012 passed by Additional Sessions Judge, Bagli Link Road Kanood, Distt. Dewas in Criminal Appeal No.84/2010 whereby the petitioner was convicted for offence punishable u/S.457 of the IPC and sentenced to one year rigorous imprisonment with fine of Rs.100/- in case of default of payment, of fine he was to undergo additional one month imprisonment on each count.

(2.) BRIEF facts necessary for elucidation are that on 09.10.2006 at about 10 pm when the complainant Manoj Kashyap was watching television; he was informed by a person through telephone that at the roof of his house some thieves were hiding. On being informed when complainant went to the roof he saw that one person jumped from the roof and the complainant sustained injuries when he tried to catch hold of the petitioner. Upon the complaint of the complainant case was registered against the petitioner. After framing of charge and recording of evidence, petitioner was convicted as stated above, hence the present revision.

(3.) COUNSEL prayed that the revision deserves to Be allowed and the judgment of conviction deserves to be aside. In alternate Counsel has prayed that if the Court is satisfied regarding the conviction the custodial sentence be reduced to the period already undergone.