IMRAN ALI (MD.) Vs. STATE OF ASSAM

JUDGEMENT

(1.) This revision is directed against the judgment and order dated 21.06.2005 passed by the learned Sessions Judge, Morigaon in Criminal Appeal No. 13/2005 dismissing the appeal preferred by the petitioner against the judgment of conviction of the petitioner under Section 379 IPC passed by the learned Sub-Divisional Judicial Magistrate, Morigaon in G.R. Case No. 367/2004.

(2.) The factual aspects of the case in brief are that on 21.06.2004, the informant Indreswar Bora leaving his motor cycle near a PCO, situated at Dharamtul Chariali proceeded to Nagaon and at about 3.30 pm, when he came back, he did not find the motor cycle and he came to know that his motor cycle was taken by somebody from that place. He immediately filed written FIR on the basis of which case was registered. During investigation motor cycle was recovered. The accused was apprehended and after completion of investigation Charge-Sheet was submitted against him.

(3.) Trial commenced before the learned Sub-Divisional Judicial Magistrate. Prosecution examined 7 witnesses. Defence examined none and took the plea of total denial. On conclusion of trial, the accused petitioner was found guilty under Section 379 IPC and he was accordingly convicted and sentenced as stated above. In appeal, the judgment of the Trial Court was affirmed. Hence, this revision.