HARLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of filing the instant Criminal Revision Petition under Sec. 397/401 CrPC, challenge has been made to the judgment dtd. 23/11/2022 passed by the learned Additional Sessions Judge, Sardarshahar in Criminal appeal No.15/2022 whereby the learned Judge affirmed the judgment of conviction dtd. 22/8/2022 passed by learned Judicial Magistrate, Sardarshahar in Criminal Regular Case No. 7/2015 (CIS No.108/2015) whereby the petitioner was convicted for the offence under Sec. 379 of IPC. However, the learned appellate court reduced the sentence of simple imprisonment of 1 year awarded by the trial court to simple imprisonment of 6 months.

(2.) Briefly stated, the facts of the case are that on 22/10/2014, an FIR came to be lodged at the instance of one Subhash Joshi regarding theft of his Bolero vehicle. The Police registered the FIR No.511/2014. During investigation, the accused-petitioner was arrested and after usual investigation, charge-sheet came to be submitted against him under Ss. 379 IPC.

(3.) The Learned Magistrate framed charge against the petitioner and upon denial of guilt by the accused, commenced the trial. During the course of trial, as many as 7 witnesses have been examined. Thereafter, an explanation was sought from the accused-petitioner under Sec. 313 Cr.P.C. and then, after hearing the learned counsel for the accused petitioner and meticulous appreciation of the evidence, learned trial court has convicted the accused for offence under Ss. 379 of the IPC vide judgment dtd. 22/8/2022 and sentenced him to undergo 1 year's simple imprisonment. Aggrieved by the judgment of conviction, he preferred an appeal before the learned Additional Sessions Judge, Sardarshahar, which while affirming the judgment of conviction passed by the trial court, reduced the sentence to 6 months. Hence, this revision petition is filed before this court.