NARENDRA KUMAR VARMA Vs. STATE OF M.P.

JUDGEMENT

(1.) CHALLENGE has been made to order passed by First Additional Sessions Judge, Morena, in Criminal Appeal No. 172/2008 (Jagdish Vs. Lok Abhiyojak and another) and Criminal Appeal No. 173/2008 (Vishnu Vs. State of M.P.) decided jointly on 20th December, 2008.

(2.) RESPONDENT No. 2 Jagdish stood trial alongwith another accused Vishnu under Sections 452, 294, 323/34, 506B of IPC before learned Judicial Magistrate First Class (Shalini Sharma), Morena, in Criminal Case No. 449/2007. Learned JMFC, pronounced the judgment on 6.10.2008 convicted the accused Jagdish and Vishnu under Section 452 of IPC and sentenced them to one year R.I. and fine of Rs. 1000/ - each. In lieu of fine, they were to undergo to 10 days R.I. as under Section 323/24 of IPC, they were sentenced to fine of Rs. 1000/ - each. They were acquitted under Sections 294 and 506B of IPC. Both Jagdish(non -petitioner No. 2) as well as Vishnu filed Criminal Appeal before the First Additional Sessions Judge, Morena. Both the appeals, Criminal Appeal No. 172/2008 and Criminal Appeal No. 173/2008 were decided together on 20th December, 2008. The learned Additional Sessions Judge allowing their appeals, acquitted the accused persons under Sections 452 of Cr.P.C. and maintained the order of conviction and sentence under Section 323/34 of IPC.

(3.) ACCORDING to the petitioner, the learned Additional Sessions Judge did not appreciate the evidence. There is sufficient evidence on record to convict the non -petitioner No. 2. It is submitted that non -petitioner No. 2 Jagdish entered the house with an intention to commit crime therefore, Section 452 of IPC is attracted. It is prayed by the petitioner that the judgment dated 20.12.2008 be partially dismissed and the respondent No. 2 be convicted under Section 452 of IPC.