MADHU LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant revision petition has been filed by the petitioners challenging the judgment dtd. 26/2/2015 passed in Cr. Appeal No. 71/2014 by learned Addl. Session Judge, No. 3, Chittorgarh (hereinafter referred to as Rs.the Appellate Court') by which the Appellate Court dismissed the appeal of the petitioners and upheld the judgment dtd. 9/7/2013 passed by learned Judicial Magistrate, Rasmi in Regular Criminal Case No. 117/2011, whereby, the learned Trial Court convicted and sentenced the present petitioners as under:-- Offence under Sec. 392 IPC : Three years R.I. and a fine of Rs. 1,000/-, in default of payment of fine, to further undergo one month's S.I.

(2.) Brief facts of the case are that on 3/3/2011 complainant Smt. Kali submitted a report before PS Rasmi inter-alia alleging therein that today at about 5.30 PM, when she was returning home, two persons came on a motorcycle and snatched her golden nose-ring and ran away. On this report, Police registered a case against unknown persons for offence under Sec. 392 IPC and started investigation. During investigation, the petitioners were arrested by the Police.

(3.) After completion of investigation, the police filed challan against the present petitioners. Thereafter, the Trial Court framed charge against the petitioners for offence under Sec. 394 IPC, who pleaded not guilty and claimed trial.