CHAMPA LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant Criminal Revision Petition filed under Sec. 397/401 of the Cr.P.C. against the impugned judgment dtd. 15/6/2007 passed by the learned Additional Sessions Judge, Bhinmal in Criminal Appeal No.13/2007 as well as against the judgment dtd. 22/1/2007 passed by the learned Additional Chief Judicial Magistrate, Bhinmal in Criminal Regular Case No.333/2006 whereby the petitioner Champa Lal was convicted for the offence under Sec. 411 of the IPC and sentenced to undergo six months' simple imprisonment along with fine of Rs.100.00 and in default, to further undergo seven days' simple imprisonment and the appeal filed against the said judgment was dismissed.

(2.) Bereft of elaborate details, the brief facts giving rise to filing of the instant revision petition are that the petitioner was chargesheeted for committing an offence under Sec. 411 of the IPC. As per the charge sheet, a theft was committed in the intervening night of 15th and 16/10/2005 at Mahadevji Bhimeshwar temple near Village Kalapura by some unknown persons. During investigation, it was revealed that co-accused Chhagna Ram and Harchand Ram committed the offence of theft and the petitioner received the articles of gold and silver knowing it to be stolen one.

(3.) P.W. 1 Daulat Singh in his own statement at oath had deposed that a theft was committed in the temple and he lodged a report Ex.P/1 at the Police Station Jaswantpura, Bhinmal.