CHAND RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the instant criminal revision petition under Sec. 397 read with Sec. 401, Cr.P.C., the accused-petitioner has challenged the impugned judgment dated 14/9/2004 passed by the Additional Sessions Judge, Barmer (for short, the appellate Court hereinafter) in Criminal Appeal No, 15 of 2003, by which the appeal filed by the accused-petitioner against the judgment and order dated 18/9/2003, passed by the Additional Chief Judicial Magistrate, Barmer in Criminal Case No. 353 of 2001 has been dismissed.

(2.) The facts of the case, relevant and necessary for disposal of this criminal revision petition, in a nut shell, are that on 23/4/2001 complainant Doda Khan lodged an FIR with Police Station, Ramsar stating therein that on 20/4/2001, at about 6.00 a.m., PW. 3 Bilal Khan came to his house and informed that in the night, at about 1:00 a.m., he and Kamruddin alighted from the truck at the bus stand of village Gagariya and were going to their house and saw accused- petitioner coming out from the broken part of the cabin of the complainant. On this information, the complainant went to his cabin and found the cabin broken. On searching the chest, it was found that the currency notes and coins to the tune of Rs. 250.00 were missing and some used match-sticks were found inside the cabin. On this report, the investigation ensued and the police filed challan against the petitioner for the offences under Secs. 457 and 380 IPC. After trial, the trial Court, vide judgment and order dated 18/9/2003, convicted accused-petitioner for the offences under Secs. 457 and 380 IPC and sentenced him to two years rigorous imprisonment and a fine of Rs. 3,000.00 and in default of payment of fine to further undergo one months simple imprisonment for the offence under Sec. 457 IPC; and one years rigorous imprisonment and a fine of Rs. 2,000.00 and in default of payment of fine further to undergo simple imprisonment for one month for the offence under Sec. 380 IPC. The accused-petitioner filed an appeal before the Appellate Court, which has been dismissed vide impugned judgment dated 14/9/2004.

(3.) I have heard learned Counsel for the petitioner and the Public Prosecutor for the State. Perused the impugned judgments and orders passed by the Courts below as also the record of the case.