GANGA SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) THE applicant is convicted for offence punishable under Section 411 of I.P.C vide judgment dated 30.7.2005 passed by the Chief Judicial Magistrate, Shahdol in Criminal Case No.1194/1997 and sentenced for one year's rigorous imprisonment with fine of Rs.500/-. In Criminal Appeal No.193 of 2005 the learned Additional Sessions Judge, District Shahdol vide judgment dated 31.12.2012 dismissed the appeal in toto. Being aggrieved with the aforesaid judgments passed by both the Courts below the applicant has preferred the present revision.

(2.) THE prosecution's case in short is that on 18.9.1997 the complainant N. K. Pathak went to the Railway Station, Shahdol for his visit to Jabalpur. His son went to see him off at the Railway station. When he went back to the house he found a burglary took place and along with other articles one gun was also stolen. During the investigation the gun was seized from the applicant. The complainant N.K. Pathak had lodged an FIR Ex.P/2 at Police Station Kotwali, District Shahdol and after due investigation a charge sheet was filed before the trial Court.

(3.) THE learned Chief Judicial Magistrate, Shahdol after considering the evidence adduced by the parties, convicted and sentenced the applicant as mentioned above. The appeal filed by the applicant was dismissed.