RAJU @ SAITAN @ MUKESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant revision petition has been preferred on behalf of petitioner under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, 1973 to assail the order dated 02.11.2012 whereby the Court of Additional Chief Judicial Magistrate, No.1, Kishangarh District Ajmer has held the petitioner guilty of offence under Sec. 379 I.P.C., and vide a separate order of even date, sentenced the petitioner to undergo three years rigorous imprisonment.

(2.) A further prayer has been made that the judgment dated 17.01.2013 rendered by the Additional Sessions Judge, Kishangarh, District Ajmer, whereby appeal preferred by petitioner was dismissed, conviction was upheld and sentence awarded by the trial Court has been affirmed, be also set aside.

(3.) Succinctly stated the facts of the prosecution case are that it was alleged by the complainant that on 23.01.2012 at about 02:30 P.M. he had gone in a Jeep, bearing registration No.RJ-21-UA-2410 to Mittal Hospital. He had parked the Jeep, out side of hospital and when he came out of the hospital at 06:00 P.M., he found that somebody had committed theft of his Jeep.