MADAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant revision petition has been filed by the Petitioner Madan Lal, s/o Gyana Ram , b/c Khati, r/o village Jodi Patta Satyu, Tehsil and District Churu , against the judgment and order dated 29.09.1994, passed by the learned Sessions Judge , Churu, in Cri.Appeal No. 74/1993 and the judgment passed by the learned Munsif and Judicial Magistrate, Churu dated 02.09.1993 in Cr. Case No. 08/1989, convicting and sentencing the accused Petitioner by the appellate court for the offence under Section 454 IPC to six months' Rigorous Imprisonment and a fine of Rs. 250/-and in default of payment of fine, to further undergo one month's simple imprisonment, and under Section 380 IPC to six months' rigorous imprisonment and a fine of Rs. 250/-, and in default of payment of fine, to further undergo one month's simple imprisonment.

(2.) The brief facts of the case are that a FIR was lodged at Police Station , Dudhwa Khara on 01.11.1988 by complainant Mohan Ram, with regard to theft of ornaments ('Payjeb' etc.) from his house. After completion of investigation, a challan was filed against the Petitioner in the trial court and after completion of trial, the learned trial convicted and sentenced the accused Petitioner under Section 454 and 380 IPC to two years' rigorous imprisonment and a fine of Rs. 400/- , and in default of payment of fine, to further undergo one month's simple imprisonment on each count. The Petitioner filed an appeal against that order,before the learned Sessions Judge, Churu, who vide his order dated 29.09.1994, reduced the sentence as indicated above. Being aggrieved by the order of the the learned Sessions Judge, Churu, the Petitioner has preferred this revision petition.

(3.) Learned Counsel for the Petitioner contended that the offence against the Petitioner under Section 454 and 380 IPC cannot be said to be proved, on the basis of the evidence available on record.