SHANKAR SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE applicant has filed this revision against the judgment passed by Additional Sessions Judge, Khurai in Criminal Appeal No. 109/95, dated 10-9-96 arising out of the judgment dated 2-9-95 passed by Judicial Magistrate First Class, Khurai in Criminal Case No. 258/94 whereby the applicant has been convicted and sentenced for commission of offence under Section 379 of the Indian Penal Code and sentenced to one month simple imprisonment and fine of Rs. 200/ -.

(2.) THE prosecution case in brief is that :-On 5-10-97 acomplaint was lodged by Komalchand (P. W. 1) that since last five days his bull is missing. On the basis of this complaint investigation was done by the Police Station, Khurai and offence under Section 379 of the Indian Penal Code has been registered and the charge-sheet was filed against the applicant. The prosecution in order to establish the charges adduced as many as 12 witnesses. The accused abjured his guilt and took the defence that he has been falsely implicated because of enmity. In support of his defence the applicant did not led any evidence.

(3.) THE Trial Court after considering the evidence on record convicted the applicant for offence under Section 379 of the Indian Penal Code and sentenced him for one month's simple imprisonment and fine of Rs. 200/ -. This order was challenged in appeal before the Additional Sessions Judge, Khurai in Criminal Appeal No. 109/95, the Appellate Court dismissed the appeal and maintained the conviction and sentence passed by the Trial Court.