MD MANIR HUSSAIN Vs. THE STATE OF ASSAM

JUDGEMENT

(1.) This Criminal Revision Petition under Section 397/401/482 Cr.P.C has been preferred against the judgment and order, dated 08.12.2008, passed by the learned Additional Sessions Judge (F.T.C) No. 1, Kamrup, Guwahati, in Criminal Appeal No. 25/08 upholding the judgment and order passed by the learned Chief Judicial Magistrate, Kamrup, Guwahati, dated 17.05.2008, passed in G.R. Case No. 1873/2005, under Section 379 IPC whereby the accused petitioner herein is convicted and sentenced to undergo simple imprisonment for one year.

(2.) The petitioner's case, in a nut-shell, is that one Sri Nitumoni Bora, lodged an F.I.R. with the Officer In Charge of Chandmari P.S., on 07.04.2005, alleging that on that day, when he went to the office of the Small Scale Industry at Guwahati, leaving his motor cycle, bearing Registration No. AS -01N-0772, in the bike stand of the office, the accused petitioner moved his bike with an intention to take it away dishonestly without his consent. It was further alleged in the F.I.R that at the relevant time, the informant came out from his office and having noticed the accused petitioner moving his bike, questioned him. It was also alleged that immediately, the accused petitioner started to run away, but the informant chased him after and ultimately, got him apprehended. Few keys of motor cycle were also recovered from the possession of the accused petitioner, one of which, the petitioner used for opening the lock of the informant's bike.

(3.) Based on the F.I.R. Chandmari P.S. Case No. 116/2005, under Section 379 IPC, dated 07.04.2005, was registered and after completion of investigation, the police submitted charge sheet under Section 379 IPC against the accused petitioner herein.