VINOD KUMAR & ANR. Vs. STATE

JUDGEMENT

(1.) This criminal revision petition is directed against the judgment dated 28.6.2006 passed by learned Additional Sessions Judge No. 1 Sri Ganganagar passed in Criminal Appeal No. 64/2005 whereby the appeal filed by the petitioners has been dismissed and their conviction under Sec. 380 and 457 I.P.C. has been upheld.

(2.) Briefly stated, the facts which give rise to the present petition in nutshell are that on a report lodged by the complainant that in the morning of 8.3.2005 he found the locks of his shop broken, things scattered and goods stolen. He doubted that Shiv Raj Singh, Puran Singh and others might have committed this act. The police registered report, Investigated the matter and filed chargesheet against petitioners and one more person under Sec. 457 and 380 I.P.C. During trial, prosecution examined witnesses and exhibited documents in support of its case. The accused petitioners denied having committed any offence in their statements' recorded under Sec. 313 Crimial P.C. but led no evidence in their defence. The learned Judicial Magistrate, 1st Class Sadulsahar in Criminal Regular Case No. 84/2005 State Vs. Shivraj Singh alias Raju and Ors , on conclusion of the trial convicted the accused-petitioners for the offence they were charged with and sentenced each of them for 8 months rigorous imprisonment and a fine of Rs. 100.00, in default to undergo further 15 days simple imprisonment under Sec. 380 I.P.C. and 10 months rigorous imprisonment and a fine of Rs. 150, in default to further suffer 20 days simple imprisonment under Sec. 457 I.P.C. vide order dated 22.9.2005. The appeal preferred against the judgment of conviction and order of sentence by the present petitioners was dismissed affirming the conviction and,sentence passed by the trial Court. By filing the present revision petition the accused-petitioners have challenged the two judgments and orders and have prayed for quashing and setting aside the aforesaid judgments.

(3.) I have heard learned counsel for the petitioners as well as learned Public Prosecutor and have gone through the case diary.