RAMJAS PATEL Vs. STATE OF M P

JUDGEMENT

(1.) THIS Criminal Revision under Section 397 read with Section 401 of the Code of Criminal Procedure has been preferred being aggrieved by the impugned judgment dated 02. 05. 2003 passed by II Additional Sessions Judge, Satna in Criminal Appeal No. 57/02 confirming the judgment, finding and sentence dated 05. 03. 2002 passed by J. M. F. C. , Satna in Criminal Case No. 332/99, whereby the applicant has been convicted under Section 457 and 380 of I. P. C. and sentenced to R. I. for 1 year with fine of Rs. 300/-, in default to further undergo R. I. for 1 month and R. I. for 1 year with fine of Rs. 400/-in default to further undergo R. I. for 1 month respectively.

(2.) PROSECUTION case in short is that complainant Kuldeepak Oberoi on 06. 09. 1997 submitted a written application at City Kotwali, Satna wherein it was mentioned that his shop of motor parts named Ganga Automobiles is situate at Jagatdev Talab. On 24. 08. 1997 at about 9:00 p. m. he went to his house after closing the shop and on 25. 08. 1997 at 9:00 a. m. when he opened the shop found that the articles were spread. Two crown of GNA company used in TATA vehicles costing Rs. 7,000/-were not found. On the basis of this report the Crime No. 587/97 under Section 457, 380 of I. P. C. was registered. Map was prepared. The disclosure statement of the applicant was recorded. On its basis two crowns were seized from his house. The statements of the witnesses were recorded. After completing the investigation the charge sheet was filed in the Court of J. M. F. C. , Satna.

(3.) THE applicant was charged under Section 457, 380 of I. P. C. He denied the guilt and claimed to be tried. Prosecution examined as many as 4 witnesses and the applicant also examined himself in defence. After appreciating the evidence trial Court convicted him under Section 457, 380 of I. P. C. and sentenced thereto as stated hereinabove in para no. 1 of the judgment. Being aggrieved by the judgment, finding and sentence passed by the trial Court the applicant preferred criminal appeal no. 57/2002 which was dismissed on 02. 05. 2003. Being aggrieved by the impugned judgment the instant revision has been preferred on the grounds mentioned in the memo of revision.