MADAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of filing the instant criminal revision petition under Sec. 397 read with 401 Cr.P.C., a challenge has been made to the judgment dtd. 2/5/2008 passed by the learned Additional Session Judge (Fast Track) No1, Bhilwara in Cr. Appeal No.90/2007 whereby the judgment dtd. 14/11/2007 passed by the learned Chief Judicial Magistrate, Bhilwara in Cr. Original Case No.76/2001 was upheld. The petitioner was convicted and sentenced vide order dtd. 14/11/2007 as below: <IMG>JUDGEMENT_55_LAWS(RAJ)12_2025_1.jpg</IMG>

(2.) The genesis of the case lies in a FIR No. 280/2000 lodged by complainant Amba Lal at Police Station Pratap Nagar. The case of the prosecution, in brief, is that on 21/6/2000, at around 8:00 PM, an unknown person stole his Hero Honda motorcycle bearing registration No. RJ-06-1M-6012 from the old bus stand near Shiv Bhojanalaya. The FIR was lodged on 27/6/2000. During the investigation, the co-accused, Damodar, while in police custody in another case, voluntarily gave information under Sec. 27 of the Indian Evidence Act, 1872 on 5/2/2001, confessing to the theft and stating that he had sold the stolen motorcycle to the present petitioner, Madan Lal. Acting on this information, the police apprehended Madan Lal, who also gave a statement that he had purchased the said motorcycle from Damodar for Rs.2,000.00 and had given it to one Satyanarayan for repainting and to change the engine number. Pursuant to these disclosures, the motorcycle was recovered from the premises of Satyanarayan on 7/2/2001.

(3.) After investigation, a chargesheet was filed against Damodar under Sec. 379 Indian Penal Code, 1860 (hereinafter "IPC") and against the petitioner under Sec. 411 IPC. The said chargesheet was submitted against the petitioner before the trial court, where charges were framed against the petitioner for the offences as stated above. The petitioner denied the charges and pleaded not guilty and claimed trial.