RAJIB DEY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) By means of this criminal revision petition, the petitioner has challenged the judgment and order dated 15.03.2017 passed by the learned Addl. Sessions Judge, Gomati Judicial District, Udaipur in case number Criminal Appeal 24(02) of 2016 affirming the judgment and order of conviction and sentence dated 27.04.2016 passed by the learned Chief Judicial Magistrate, Gomati Judicial District, Udaipur in case number PRC (WP) 246 of 2014 convicting the petitioner alternatively under section 384 IPC or Section 411 IPC and sentencing him to RI for 1 (one) year and fine of Rs.5,000/- with default stipulation for committing the offence.

(2.) The basic facts necessary for disposal of the case are that Sri Nabadeep Debnath of Chanban, Udaipur, lodged a written complaint with the Officer In Charge of R.K. Pur police station at Udaipur alleging, inter alia, that on 04.12.2014 at around 09.30 am the accused petitioner had trespassed into his home and snatched away the gold chain from the neck of his grandson Raktim Debnath. Following the cry of the child, the neighbouring people appeared and detained the accused petitioner from in front of his house and recovered the gold chain from his possession. The accused petitioner was then handed over to police.

(3.) Based on his FIR, R.K. Pur P.S. case No. 274 of 2014 under sections 447, 384 and 411 IPC was registered against the petitioner and investigation was taken up.