SANTOSH KUMAR AND ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the instant criminal revision petition u/s. 397/401 of the Code of Criminal Procedure, 1973 (for short, "the Code"), the petitioners have challenged the judgment dated 15.10.2004 passed by the Additional Sessions Judge No. 1, Bikaner for short, "the appellate Court" hereinafter) in Criminal Appeal No. 24/2004, by which the appellate Court dismissed the appeal filed by the petitioners against the judgment and order dated 3.9.2003 passed by the Additional Chief Judicial Magistrate No. 2, Bikaner (for short, "the trial Court" hereinafter) in Criminal Case No. 152/2003, whereby the trial Court convicted the petitioners for the offence punishable u/s. 392/34 Penal Code and sentenced each of them to undergo rigorous imprisonment for five years and a fine of Rs. 5,000.00 and in default of payment of fine further to undergo six months simple imprisonment. Appellate Court affirmed the order of trial Court.

(2.) Briefly recapitulated, the facts of the case are that on 26.2.2003, complainant Kishan Lal lodged the FIR Ex. P/12 with Police Station, Sadar, Bikaner, stating therein that when he was coming to his home on a TVS moped after withdrawing a sum of Rs. 84,200.00 from the State Bank of Bikaner & Jaipur keeping the currency notes in a bag, which was kept in a dicky of his moped, suddenly one person came from behind, took the bag containing currency notes and fled away on a motorcycle, which was being driven by other person. On this report, the police registered a case and after investigation, filed challan against the petitioners. The trial Court framed charge against the petitioners for the offence punishable u/s. 392/34 IPC. After appreciating the evidence and hearing the arguments, the trial Court, vide judgment and order dated 3.9.2003, convicted and sentenced the petitioner as noticed above. The appellate Court, vide impugned judgment dated 15.10.2004, dismissed the appeal. Hence this revision petition.

(3.) I have heard learned counsel for the petitioners. I have carefully perused the judgments and orders passed by the Courts below as also the record of the case.