SHAMBHU PRASAD PATEL Vs. STATE OF M.P

JUDGEMENT

(1.) THE applicant was convicted for the offence punishable under Sections 457, 380 read with Section 511 of IPC and sentenced for one year's SI with fine of Rs.100/ - and one year's SI vide judgment dated 13.12.2011 passed by the JMFC Mauganj District Rewa in Criminal Case No.229/2006. In Criminal Appeal No.24/2012 the learned 7th Additional Sessions Judge, Rewa linked at Mauganj vide judgment dated 13.9.2012 dismissed the appeal. Being aggrieved with both the judgments, the applicant has filed the present revision.

(2.) THE prosecution case, in short, is that during the night of 26/27.3.2006 at about 11:00 PM the complainant Mudhuni Patel (PW -1) was sleeping in her house situated at village Judmaniya (Police Station Nai Garhi District Rewa). After sometime, she heard a sound of breaking the lock, and therefore she and her family members rushed to the gate and they found the applicant at the spot. An FIR was lodged within 1 1/2 hours at Police Station Nai Garhi and investigation was initiated.

(3.) THE applicant abjured his guilt. He took a specific plea that he was falsely implicated in the matter due to enmity of election. In defence Mewalal Patel (DW -1) and Lalita Patel (DW -2) were examined.