FORU LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the accused-petitioner as well as learned Public Prosecutor appearing on behalf of the State.

(2.) This revision petition under Section 397 Cr.P.C. has been filed against the judgments and orders dated 27.05.2008 and 16.12.2010 passed by Additional District and Sessions Judge, No. 1, Bundi(hereinafter referred to as 'the Appellate Court') in Criminal Appeal No. 70/2007, whereby the Appellate Court dismissed the appeal filed by the accused-petitioner and upheld the judgment of conviction and order of sentence dated 18.05.2007 passed by learned Additional Civil Judge(Jr. Div.) and Judicial Magistrate, Ist Class, No. 2, Bundi (hereinafter referred to as 'the Trial Court') against the accused-petitioner in Criminal Case No. 122/2002, whereby, the learned Trial Court convicted and sentenced the accused-petitioner under Section 379 IPC to undergo two years rigorous imprisonment and a fine of Rs. 200/-, in default of payment of fine to further undergo one month s rigorous imprisonment separately.

(3.) The concise facts of the case are that on 30.06.1999, Complainant Rameshwar Dayal Nyati submitted a report(Exhibit P.12) at Police Station Kotwali, Bundi stating therein that his Motor Cycle, i.e. Hero Honda Splendor Red Colour, bearing Registration No. RJ08/M9292 is missing from 4.00 P.M. out of the house of Radhey Shyam Ji Jhanwar, Khojagate Road, Bundi; the motor cycle was locked and on front number plate 351 Basmati Rice was written in English. Somebody has stolen his motor cycle. Upon this report, an FIR No. 360/1999(Exhibit P13) was lodged and investigation commenced in the case. After due investigation, charge sheet was filed under Section 379 IPC against the accused persons namely Forulal(present petitioner), Kalulal, Ramkishan, Parshuram, Bhanwar Singh and under Section 411 against accused namely Pappu Kumar Meena in the Court of Chief Judicial Magistrate, Bundi, from where, the case was transferred to the Trial Court. The accused Kalulal was absconding in the case. The accused Parshuram had died, therefore, proceedings against him were dropped and Trial Court proceeded in the case against accused Forulal, Ramkishan, Bhanwar Sing and Pappu Kumar Meena.