NARU LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant criminal revision petition under Sec. 397/401 of the CrPC has been preferred by the petitioner being aggrieved of the judgment dtd. 3/3/2016 passed by the learned Additional Sessions Judge No. 2, Udaipur in Criminal Appeal No. 42/2011, dismissing the appeal preferred against the judgment dtd. 25/10/2010 passed by the learned Additional Chief Judicial Magistrate, Vallabhnagar, District Udaipur in Criminal Original Case No. 216/2004, whereby he was convicted for the offences under Ss. 454 and 380 of the IPC and for each count, sentenced to undergo rigorous imprisonment of 3 years alongwith a fine of Rs.1000.00 and in default of payment of fine, further to undergo simple imprisonment of 3 months.

(2.) Bereft of elaborate details, facts relevant and essential for disposal of the instant criminal revision are that complainant Mohanlal Jat, resident of Amarpur submitted a written report at the Police Station Kheroda on 30/7/2004 to the effect that on that day at 10 a.m., he went to his well after locking his room and when he came back at around 1.00 p.m., the lock was broken and a boy came running out. An amount of Rs.9800.00 was stolen. The boy was caught by the villagers. On the aforesaid report, FIR No. 96/2004 for the offences under Ss. 454 and 380 of the IPC was registered and after usual investigation, a charge-sheet was filed against the present petitioner and one more person for the aforesaid offences.

(3.) The learned Trial Court framed charges and after full- fledged trial, convicted and sentenced the petitioner in the manner stated above and the appeal preferred there against also came to be dismissed. Hence, this revision petition has been preferred.