SHIVPAL @ GOPAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Being aggrieved by the order dated 1.8.2011 passed by the Additional Sessions Judge Sasmbharlake, District Jaipur in Cr. Appeal No.16/2010 whereby the appeal filed by the petitioner was dismissed and the order of conviction and sentence for offence u/s 379 IPC vide order dated 16.8.2010, had been upheld.

(2.) Briefly stated the facts of the case are that on the report of Mewa Rama (complainant) filed on 28.6.2007 at Police Station Rainwal regarding theft of Motorcycle No. RJ-SJ-5702, criminal case No. 72/2007 had been registered. After usual investigation, the police filed charge-sheet against the accused petitioner. The learned trial court after reexamining prosecution witnesses and also the accused u/ s 313 Cr.P.C. found the petitioner guilty of offence u/s 379 IPC and awarded sentence of one year simple imprisonment along with fine of Rs. 200/-, in default whereof to further undergo 7 days' simple imprisonment.

(3.) The petitioner filed an appeal against this order before the Additional Sessions Judge who vide impugned order dated 1.8.2011 upheld the order of conviction and sentence pass ed by the trial court and dismissed the appeal.