SUNNY Vs. STATE OF HARYANA

JUDGEMENT

(1.) Challenge in the present revision petition is to the judgment of conviction and order of sentence dtd. 24/2/2012 and 29/2/2012, respectively passed by the learned Judicial Magistrate Ist Class, Gurgaon, whereby, the petitioner has been convicted under Ss. 454 and 379 read with Sec. 511of the Indian Penal Code, in case FIR No.143 dtd. 29/10/2011, registered under Ss. 457 and 380 read with Sec. 511 of the Indian Penal Code (for short 'IPC') at Police Station Sector 55-56, Gurgaon. Challenge is also to the judgment dtd. 28/5/2012 passed by the Sessions Judge, Gurgaon vide which the appeal filed by the present petitioner was dismissed and the sentence imposed upon him was upheld.

(2.) Succinctly, the facts of the case are that on 29/10/2011 at around 7:00 p.m., when complainant Tejvir Singh Tomar was present at his House No.P-912, Jalvayu Tower, Sector 56, Gurgaonm, he heard a noise of somebody climbing on the terrace of his flat. Upon hearing a noise, he saw that one person had climbed up the pipes installed at the back of his flat and from there, had entered his flat with an intention to commit theft. He immediately nabbed said person, who upon asking of the complainant, disclosed his name as Sunny (present petitioner) son of Sube Singh. The complainant along with another resident namely, Vivek Sondhi of the same locality, handed over said Sunny (present petitioner) to the police. On the basis of the complaint, FIR was registered and during investigation, statements of witnesses were recorded and the petitioner was arrested.

(3.) Upon finding a prima facie case, the trial Court framed charges against accused under Ss. 454 and 379 read with Sec. 511 of the IPC, to which he pleaded not guilty and claimed trial.