MUKESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS order shall govern disposal of Cri. Revision Nos. 825 of 05; 838 of 05 and 912 of 05, as they arise out of the common impugned judgment dated 12-8-05, passed in Criminal Appeal Nos. 79 of 05, 95 of 05 and 94 of 05 which have been preferred by the applicant accused against the finding of conviction and sentences holding them guilty for commission of offence under Section 380 of the Penal Code recorded by Judicial Magistrate First Class Sonkatch in Cri. Case No. 744 of 05 on 16-4-2005 and sentenced each of the applicant to undergo R. I for three years and to pay fine of Rs. 500/ -. The learned Addl. Sessions Judge has dismissed all the three appeals and maintained the conviction and sentence.

(2.) SHORT facts of the prosecution case are that on 16-7-03 complainant Jinendra Jain Pujari of Pushpagiri Temple lodged a complaint to the Police Station Sonkatch at 5. 30 p. m. which was registered as Crime No. 515 of 03 that the complainant is a Pujari of the Pushpagiri Temple. On 16-7-03 after performing the Puja at 10 a. m. he locked the door of the temple and when he came back at 4 p. m. in the temple, he saw that the statue of Padmavati Devi worth Rs. 10,000/- was missing. The Police Sonkatch registered the offence against the unknown person/s and investigated the matter.

(3.) IN the meanwhile Police Note Press, Dewas on 31-8-2004 arrested the applicant Mukesh son of Radheshyam under Section 41 read with Section 102 of Cr. PC. During interrogation the applicant Mukesh gave a statement with regard to the theft of an Idol which was recorded under Section 27 of the Evidence Act. On the same day applicant Siddhu was also arrested under the same provisions and was also interrogated and the information given by him was also recorded under Section 27 of the Evidence Act. On the basis of information one Idol was recovered from the house of applicant Mukesh son of Radheshyam. Thereafter these two applicant and the seized Idol were handed over to Police Sonkatch. Police Sonkatch thereafter commenced the further investigation. During investigation no recovery was made. After completing the investigation, charge-sheet was filed before the Addl. Chief Judicial Magistrate, Sonkatch, who after trial found the applicants guilty, convicted and sentenced them as stated herein above. Their appeals have also been dismissed by learned Addl. Sessions Judge and maintained the conviction and sentence.