SIKANDAR @ MITTHU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This revision petition under Section 397 read with Section 401 Cr.P.C. has been filed against the judgment and order dated 02.02.2013 passed by Additional Sessions Judge, No. 1, Kota(hereinafter referred to as 'the Appellate Court') in Criminal Appeal No. 02/2013, whereby the Appellate Court dismissed the appeal filed by the accused-petitioner and upheld the judgment of conviction and order of sentence dated 12.12.2012 passed by learned Additional Chief Judicial Magistrate, No. 5, Kota(hereinafter referred to as 'the Trial Court') against the accused-petitioner in Criminal Case No. 1590/2011,whereby the learned Trial Court convicted and sentenced the accused-petitioner under Section 379 IPC to two years simple imprisonment and fine of Rs. 2,000/-, in default of payment of fine to further undergo two months additional simple imprisonment.

(3.) The concise facts of the case are that on 14.09.2011, the complainant Nemi Chand, ASI submitted a report before Police Station Gumanpura Kota stating therein that on that day, when he reached at Chopati with police officials, during checking of the vehicles, a motor cycle bearing No. RJ 20 12M 8906 came there, on which three persons were sitting and the driver was not wearing helmet. With the help of police officials, the persons were stopped. Driver told his name Sikandar, another person sitting in the middle told his name Rajendra and the third person told his name Phool Chand. They told that they are friends. On enquiring about the motor cycle and its papers, they told that motor cycle has been stolen by them from the Court yesterday and they are having no documents and are going to sell the motor cycle in the market. Since independent witnesses were not available, therefore, police personnels were made the witnesses and checking was made. On checking, four keys were recovered from Phool Chand and he told that they keep these keys to steal motor cycles. The accused persons were arrested, keys and motor cycle were seized. On the basis of that report, an F.I.R. No. 582/2011 was registered and investigation commenced. After due investigation, the police submitted charge sheet against the accused-persons before the Trial Court. Thereafter, the Trial Court framed charges against the accused-persons Phool Chand and Sikandar under Section 379 IPC, in alternative under Section 411 IPC. Accused Phool Chand and the petitioner denied the allegation of commission of aforesaid offence against them, pleaded innocence and claimed trial.