SURENDRA PYASI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Heard on IA No.14811/2018 which is an application for suspension of sentence and grant of bail filed on behalf of the applicant. However, during the course of arguments, learned counsel for the applicant submits that the revision may kindly be heard finally. With the consent of learned counsel for both the parties, this revision petition is finally heard.

(2.) This revision petition has been filed by the applicant under Section 397/401 of the Cr.P.C. being aggrieved by the judgment of conviction and order of sentence dated 13.8.2018 passed by the Additional Sessions Judge, Pawai, District Panna in Criminal Appeal No. 148/17 dismissing the appeal and affirming the judgment dated 28.11.2017 passed by the Judicial Magistrate First Class, Pawai, District Panna in criminal case no. 804/2011 whereby the applicant has been convicted under Sections 457 and 380 of the IPC and sentenced to undergo RI for 2 years with fine of Rs.300/- and RI for 1 year with fine of Rs.300/-, respectively with default stipulation clause along with other co- accused persons.

(3.) Relevant facts of the case in brief are that in the intervening night of 23/24-7-2011 between 9:30 pm to 6 am in the shop of the complainant Shivnandan situated at Katni utensils and mobiles were stolen after breaking open the lock of the shop. In this regard crime no. 71/11 under Sections 457 and 380 of the IPC was registered at Police Station Raipura, District Panna against unknown persons. During the investigation from the possession of the applicant one mobile and one Lota were recovered on the instance of the applicant and the applicant and other co-accused persons were tried by the trial court on the basis of the charge sheet filed by the police concerned and the applicant and other co-accused persons were convicted and sentenced by the learned JMFC, Pawai, District Panna in criminal case no. 804/11 vide its judgment dated 28.11.2017. Being aggrieved thereby, the applicant preferred criminal appeal bearing no. 148/17 before the Additional Sessions Judge, Pawai, District Panna and the learned appellate Court by the impugned judgment dismissed the appeal and affirmed the judgment passed by the trial court.