THANARAM S/O THAKARARAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant revision petition has been filed by the petitioner under Section 397/401 Cr.P.C. against the judgment dated 27.05.1997 passed by the learned Additional District and Sessions Judge, Barmer whereby, while dismissing the appeal, the conviction and sentence awarded to the petitioner by the learned Additional Chief Judicial Magistrate (S.D.), Barmer vide judgment dated 31.03.1997 was affirmed. The petitioner has been convicted for offence under Sections 454 IPC and 380 IPC and sentenced to six months rigorous imprisonment alongwith fine of Rs. 200/- each and in default of payment fine, to further undergo fifteen days' imprisonment.

(2.) Brief facts of the case are that an FIR was lodged by the complainant Ambaram on 17.04.1984 at Police Station Bijrad according to which an incident of theft was happened in his house and ornaments of silver were stolen. After enquiring from the neighbourers, Goukla told the complainant that one and half months ago, he saw the accused thania suthar, who was a thief. On the said complainant, the accused was arrested and evidence under Section 27 of the Evidence Act were taken from the accused. The police after usual investigation, filed chargesheet against the accused-petitioner for offence under Sections 457 & 380 IPC.

(3.) The learned trial court framed charges against accusedpetitioners for the offence under Sections 457 & 380 IPC., they pleaded not guilty and claimed trial. At the trial, the prosecution examined 21 witnesses and produced documentary evidences viz Exb-P/1 to Exb-P/20 in support of its case. Thereafter the statement of the accused-petitioners was recorded under section 313 Cr.P.C. wherein he denied the allegation levelled against him and claimed trial.