RAJAQ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By this revision, the petitioner-convicts are challenging the judgment and order dtd. 5/5/2014 passed by the learned Additional Sessions Judge No.1, Udaipur Camp Mawli, District Udaipur whereby, the learned Judge dismissed the appeal filed by the petitioners and upheld the the conviction and sentence passed by learned Judicial Magistrate, First Class, Mawli, District Udaipur, as under:- Under Sec. 457 IPC = Two years simple imprisonment and fine of Rs.2000.00 each in default of payment of fine to further undergo one month additional S.I. Under Sec. 380 IPC = Two years simple imprisonment and fine of Rs.2000.00 each in default of payment of fine, to undergo two months S.I.

(2.) Both the sentences were ordered to run concurrently. Briefly stated, the prosecution case as set up is that the complainant Rajaq submitted a written report before the Police station stating therein that he and his family members had gone to their uncle's house. When they came back in the morning, they found that some unknown persons had broke open locks of two rooms and stole jewellery, cash, electronic items etc.

(3.) On the basis of the above report, FIR No. 109/2007 was registered by the police for offence under Ss. 457, 380 IPC and the police started investigation. On completion of investigation, a charge-sheet was filed against the present petitioners. Thereafter, charges of the case were framed against the petitioners for offence under Ss. 457, 380 IPC. They denied the charges and claimed trial.