MD. SONU Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present Criminal Revision petition has been preferred by the petitioner against the impugned judgment dated 19.02.20219 passed by learned 4th Additional Sessions Judge, Bhagalpur in Cr. Appeal No. 96 of 2018, whereby learned Sessions Court has upheld the judgment of conviction dtd. 30/8/2018 passed by learned A.C.J.M, Railway, Bhagalpur, whereby the petitioner was found guilty under Ss. 379 and 411 of the Indian Penal Code. However, learned Trial Court has not sentenced the petitioner under Sec. 411 of the Indian Penal Code and under Sec. 379 of the Indian Penal Code the petitioner was sentenced to rigorous imprisonment for 1 and 1/2 years. However, learned Appellate Court has modified the sentence by sentencing the petitioner to rigorous imprisonment for 9 months but to pay fine of Rs.10,000.00.

(2.) As per the prosecution case, the petitioner has stolen mobile from the pocket of the informant while standing in the queue and when hulla was raised by the informant, the petitioner/accused was apprehended and mobile was recovered and seized from the petitioner/accused.

(3.) On the written report, Rail Bhagalpur P.S. Case No. 33 of 2017 was registered on 21/2/2017 for offence punishable under Ss. 379 and 411 of the Indian Penal Code. Subsequently, after investigation charge-sheet was submitted and cognizance of the offence was taken and charge under Ss. 379 and 411 of the Indian Penal Code was framed against the petitioner.