SHAHJAD 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. 17/3/2016 passed by learned Additional Session Judge, No.1, Jodhpur Metropolitan (hereinafter referred to as 'the appellate court') in Criminal Appeal No.31/2015 by which the appellate court dismissed the appeal of the petitioner and upheld the judgment dtd. 13/2/2015 passed by the learned Additional Chief Metropolitan Magistrate No.2, Jodhpur Metropolitan (hereinafter referred to as 'the trial court') in Criminal Original Case No.195/2009, whereby, the learned trial court convicted and sentenced the present petitioner as under :

(2.) Brief facts of the case are that on 1/12/2008, complainant Ashok Chouhan submitted a written report before Police Station Pratap Nagar,Jodhpur to the effect that on 28/11/2008, he went to Balotra, Barmer to attend a marriage function. In the intervening night of 28/29/11.2009, some unknown person unlawfully entered in his house and committed theft of gold and silver ornaments etc. On this report, the police registered the case against accused-person for offence under Ss. 457, 380 IPC and started investigation. On completion of investigation, the police filed challan against the accused-petitioner. Thereafter, the charges of the case were framed against the accused-petitioner, who denied the charges and claimed trial.

(3.) During the course of trial, the prosecution examined eight witnesses and also exhibited various documents. Thereafter, statement of the accused-petitioner was recorded under Sec. 313 Cr.P.C.