KEDAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (for short "The Code") has been preferred by the applicants against the judgment dated 28/02/2018 passed by First Additional Sessions Judge, Rajgarh (Biaora), in Cri. Appeal No.159/2017, wherein the learned Judge has dismissed the appeal by affirming the conviction and sentence passed by Judicial Magistrate First Class, Rajgarh vide judgment dated 06/05/2017 passed in Criminal Case No.797/2015 whereby each of the applicants have been convicted for offence punishable under Section 380 of IPC, 1860 and sentenced to undergo 1 year R.I and fine of Rs.500/- with usual default stipulation.

(2.) Prosecution story in nutshell are that on 01/08/2015, in at about 3.00 am, when complainant Bhanwarlal wake up to answer the nature's call, he found the buffalo missing, which was tied in the shed near his hut. Thereafter, he searched for his buffalo in the village by riding on his motor-cycle and found the present applicants along with his buffalo near Karadiya Dhanwas road. He caught hold of them, inquired their whereabouts and lodged a report at Police-Station Rajgarh. On the basis of which, F.I.R bearing crime No. 393/2015 for offence punishable under Sections 380 of IPC, 1860 was Digitally signed by Sumati Jagadeesan Date: 01/04/2019 10:03:31 registered against the applicants. During investigation, police recorded the memorandum of applicants under Section 27 of Indian Evidence Act and on the basis of which seized the buffalow. After completion of investigation charge-sheet was filed against the accused persons for the said offence.

(3.) Trial Court, while passing the judgment, convicted the applicants for offence punishable under Sections 380 of IPC, 1860 and sentenced each of them to undergo 1 year R.I and fine of Rs.500/-, with usual default stipulation. An appeal was filed against the said conviction and sentence, which was dismissed by First Additional Sessions Judge, Rajgarh (Biaora) vide judgment dated 28/02/2018. This judgment is under challenge in the present revision petition.