HEER SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant revision petition under Sec. 397 CrPC read with Sec. 401 CrPC has been preferred by the petitioner against the judgment dtd. 24/8/2022 passed by the learned Sessions Judge, Jalore in Criminal Appeal No.117/2021, affirming the judgment dtd. 14/12/2015 passed by the learned Judicial Magistrate, Jalore in Criminal Original Case No.215/2011 (CIS No.4011/2014), whereby the petitioner was convicted and sentenced as under :- <FRM>JUDGEMENT_143_LAWS(RAJ)5_2023_1.html</FRM>

(2.) Briefly stated, facts of the case are that on 7/11/2011, one Kalu Singh submitted a report (Ex.P/1) to the Station House Officer, Police Station, Sayla alleging that in the intervening night of 24/10/2011-25/10/2011, while all his family members had gone to perform some social obligation, some unknown persons entered his house, broke locks of all the rooms and took away gold and silver articles and cash amount, worth Rs.3,22,000.00 in total. On this report FIR No.218/2011 for the offence under Sec. 380 IPC was registered at the Police Station Sayla. After usual investigation, a charge-sheet for the offences under Ss. 457 and 380 IPC came to be filed against three persons including the present petitioner. The learned trial court framed charges against the accused persons for the above offences. The accused pleaded not guilty and claimed trial. After full-fledged trial, the learned trial court acquitted accused Jalam Singh and Balwant Singh, but convicted and sentenced the present petitioner for the offences under Ss. 457 and 380 IPC vide judgment dtd. 14/12/2015, which was further affirmed by the learned appellate court vide judgment dtd. 24/8/2022. Hence, this revision petition under Sec. 397/401 CrPC was preferred.

(3.) Learned counsel for the petitioner has placed on record a compromise -cum- affidavit of the complainant dtd. 15/5/2023, wherein it is stated that the parties have arrived at a compromise and the complainant does not wish to pursue criminal proceedings against the petitioner, therefore, the revision petition may be allowed.