HANUMAN PRASAD 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 01.12.2012 passed by Additional District and Sessions Judge, No. 14, Jaipur Metropolitan(hereinafter referred to as 'the Appellate Court') in Criminal Appeal No. 04/2012, whereby the Appellate Court partly allowed the appeal of the accused-petitioner and upheld the judgment of conviction of the petitioner, but modified order of sentence dated 14.02.2012 passed by learned Additional Metropolitan Magistrate(JD) No. 20, Jaipur Metropolitan, Jaipur(hereinafter referred to as 'the Trial Court') in Criminal Case No. 01/2011, whereby, the learned Trial Court, while acquitting the accused-petitioner under Sections 411, 467, 468, 471, 120 IPC, convicted and sentenced the accused-petitioner under Section 379 IPC to two years simple imprisonment and fine of Rs. 3,000/-, in default of payment of fine to further undergo three months additional simple imprisonment. Learned Appellate Court vide impugned judgment and order has sentenced the accused-petitioner under Section 379 IPC to 23 months simple imprisonment and fine of Rs. 1,000/-, in default of payment of fine to further undergo 20 days simple imprisonment.

(3.) The concise facts of the case are that on 06.12.2010 complainant Shaktidan, S.I. Lodged a written report(Ex. P-09) against the petitioner and others at Police Station Mansarover, Jaipur with regard to an incident alleged to have taken place on the same day. On the basis of the above mentioned report, the police registered a criminal case bearing FIR No. 514/2010 for alleged offence under Sections 379, 411, 467, 468, 471, 120-B IPC and investigation commenced. After due investigation, the police submitted charge sheet against the accused-persons including the present petitioner for offences under Sections 379, 411, 467, 468, 471, 120-B IPC before the Trial Court. Thereafter, the Trial Court framed charges against the accused-persons including the petitioner under Sections 379/411, 467/120B, 468/120B, 471/120B IPC. Accused-persons including the petitioner denied the allegation of commission of aforesaid offences against them, pleaded innocence and claimed trial.