GOPAL LAL @ GOPILAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant revision petition under Sec. 397/401 Cr.P.C. has been filed by the petitioner challenging the judgment dtd. 29/5/2013 passed by learned Sessions Judge, Rajsamand (hereinafter referred to as Rs..00.00.00the Appellate Court') in Criminal Appeal No. 103/2011 by which the Appellate Court dismissed the appeal of the petitioner and upheld the judgment dtd. 8/4/2010 passed by the learned Judicial Magistrate, First Class, Kumbhalgarh (hereinafter referred to as Rs..00.00.00the Trial Court') in Criminal Regular Case No. 247/2009, whereby, the learned Trial Court convicted and sentenced the present petitioner as under :--

(2.) Brief facts of the case are that on 9/10/2009, complainant Shyamlal Vaishnav submitted a written report before Police Station Kelwara to the effect that he is a Rs..00.00.00Pujari' at Mateshwar Mahadev Temple. In the intervening night of 8/10/2009, some unknown persons unlawfully entered in the temple and committed theft. On this report, the police registered the case against unknown accused persons for offences under Ss. 457, 380 IPC and started investigation. During the course of investigation, the Police arrested the accused- persons including the present petitioner.

(3.) On completion of investigation, the police filed challan against the accused persons including the petitioner. Thereafter, the charges of the case were framed against the accused-persons including the petitioner, who denied the charges and claimed trial.