SURESH JHARIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE applicant was convicted for the offence punishable under Section 457 and 380 of the IPC and sentenced with two years R.I. with fine of Rs. 100/ - and one year R.I. with fine of Rs. 100/ - respectively vide judgment dated 13.2.2012 passed by the learned JMFC, Seoni in Criminal Case No. 182/2011. In Criminal Appeal No. 24/2012, the learned 3rd Additional Sessions Judge (Fast Track Court), Seoni vide judgment dated 26.7.2012 dismissed the appeal. Being aggrieved with the aforesaid judgments, the applicant has preferred the present revision.

(2.) THE prosecution's case in short is that, in the night of 12.1.2011 the victim Bhupat was sleeping in his house situated at village Chandankheda (Outpost Chheenda, Police Station, Kewlari, District Seoni). On the next day at about 6:00 a.m. when daughter -in -law of the victim Bhupat raised, she found that rear gate of the house was opened and two brass utensils were found missing. The victim lodged an FIR Ex. P/1 at Outpost Chheenda of Police Station Kewlari and thereafter an investigation was initiated. Ultimately, those utensils were recovered from the applicant. After due investigation, a charge sheet was filed before the trial Court.

(3.) THE learned JMFC after considering the prosecution's evidence, convicted and sentenced the applicant as mentioned above, whereas the appeal filed by the applicant was dismissed in toto.