VISHNU KUMAR 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. 20/3/2003 passed by learned Additional Sessions Judge No.2, Chittorgarh (hereinafter referred to as 'the appellate court') in Criminal Appeal No.7/2003 by which the appellate court dismissed the appeal of the petitioner and upheld the judgment dtd. 2/8/1999 passed by the learned Additional Chief Judicial Magistrate No.1, Chittorgarh (hereinafter referred to as 'the trial court') in Criminal Regular Case No.1278/1993, whereby, the learned trial court convicted the present petitioner for offence under Sec. 420 IPC and sentenced him to undergo two years' R.I. along with a fine of Rs.200.00 and in default of payment of fine, further undergo four months' R.I. Brief facts of the case are that on 28/4/1987, complainant Bhanwarlal submitted an oral report before Police Station Chittorgarh to the effect that on 28/4/1987 he purchased silver ornaments (Kadia) in the sum of Rs.2,000.00 from a jewellery shop situated near Sabji Mandi, Chittorgarh. On examination, the said silver ornaments (Kadia) were found fake as the same were made up of white copper and not of silver. On this report, the police registered the case against accused-petitioner for offence under Ss. 420, 406 IPC and started investigation.

(2.) On completion of investigation, the police filed challan against the accused-petitioner. Thereafter, the charge for offence under Sec. 420 IPC was framed against the accused-petitioner, who denied the charges and claimed trial.

(3.) During the course of trial, the prosecution examined six witnesses and also exhibited various documents. Thereafter, statement of the accused-petitioner was recorded under Sec. 313 Cr.P.C. In defence, one witness Sambha Ji Rav Maratha was examined as DW-1.