MANGLA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the instant criminal revision u/s. 397/401 of the Code of Criminal Procedure, 1973 (for short 'the Code'), petitioner has challenged the judgment and order dated 22.9.2004 passed by the Additional Sessions Judge No. 1, Sri Gangangar (for short 'the Appellate Court hereinafter') in Criminal Appeal No. 65/2004, by which the appellate Court dismissed the appeal filed by the petitioner and affirmed the judgment and order dated 9.8.2004 passed by the Judicial Magistrate, Sri Gangangar (for short 'the trial Court' hereinafter) in Criminal Case No. 135/2004 whereby the trial Court convicted accused-petitioner for the offences punishable u/ss. 457 & 380, IPC, and sentenced him to undergo two years rigorous imprisonment and a fine of Rs. 500.00 and in default of payment of fine further to undergo one month's simple imprisonment for each of these offences with a direction that the substantive sentences shall run concurrently.

(2.) Briefly recapitulated the facts of the case that on 29.11.2003, complainant-Gurpreet Singh lodged as FIR with Police Station, Jawaharnagar, Sri Ganganagar, inter alia, stating therein that on the preceding night, some unknown persons entered his "Layalpur Soap Factory' by house-breaking and. committed theft of two bicycles, three bags of tea-leaf, one tape-recorder, ten bags of washing-soaps, three bags of toilet soaps, coconut and Aanwala oil containers and currency notes of Rs. 10,000.00. On this information, the investigation ensued and after conclusion thereof, the police filed challan against the petitioner for the aforesaid offences. After appreciating the evidence on record and hearing the arguments, the trial Court, vide judgment and order dated 9.8.2004, convicted and sentenced the petitioner as stated above. Aggrieved of the judgment and order dated 9.8.2004, passed by the trial Court, petitioner preferred an appeal, which too has been dismissed by the appellate Court vide impugned judgment and order dated 22.9.2004. Hence, this revision petition.

(3.) I have heard learned counsel for the parties. Perused the judgments and orders of the Courts below as also the record of the case.