CHHOTU KUSHWAHA Vs. STATE OF MP

JUDGEMENT

(1.) This revision petition under Section 397 read with Section 401 of Cr.P.C. has been filed by the applicant being aggrieved by the judgment dated 13.5.2015 passed by Additional Sessions Judge, Guna in Cri.Appeal No.253/2013, confirming the judgment dated 5.8.2013 passed by Judicial Magistrate First Class, Aron District Guna, in Criminal Case No. 37/2013, by which the applicant has been convicted for the offence punishable under Sections 457 and 380 of Indian Penal Code (IPC) and sentenced to undergo one year RI with fine of Rs.500/- for each offence, with default stipulation.

(2.) The prosecution story in brief is that on 3.1.2013 complainant Sanjay Kumar Jain lodged a report at Police Station Aron that on the date of incident, i.e., 3.1.2013 he was sleeping in his house. On hearing some noise at about 4.00 am he woke up, went in the room and saw that one gas cylinder of Indane Company was missing. On enquiry from the people he came to know about three unknown persons going towards bus station along with cylinder. Complainant rushed to the bus stand and caught the applicant with cylinder and rest two co-accused ran away. On the basis of this information, the police registered an FIR against the applicant for the offence punishable under Sections 457 and 380 IPC at Crime No. 3/2013. On completion of investigation, the police filed charge sheet before JMFC Aron.

(3.) After framing the charge and recording the evidence, the offences under Sections 457 and 380 IPC were found proved and the applicant was convicted and sentenced as stated herein above. Against the judgment of the trial court, the appeal was preferred which was dismissed. Hence, this revision petition.