MOHAN & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition is directed against judgment and order dated 4.10.02 passed by the Additional Sessions Judge No. 1, Chittorgarh, in Criminal Appeals No. 130/01 and 133/01, affirming the judgment and order dated 21.11.01 of the Judicial Magistrate, Chittorgarh in Criminal Case No. 358/98, convicting the accused petitioners for the offence under Sections 457 and 380 IPC and sentencing them to suffer three years simple imprisonment with fine of Rs. 1,000/- for each of the offences. The sentence were ordered to run concurrently.

(2.) The relevant facts in nutshell are that on 26.12.92, Sanjay Kumar Sharma, Senior Personnel Officer, Hindustan Zinc Limited, submitted a written report at Police Station, Chittorgarh, stating that one Shri Jorawar Singh, Engineer (Process), employed in Hindustan Zinc Limited, who resides in House No. C-42, Zinc Nagar, was on leave during the period from 21.12.92 to 25.12.92 and had gone to his native place Nawalgarh, District Jhunjhnu. On 25.12.92, when he returned to his residence, his neighbor Sanjay Gupta informed that on 21.12.92, incident of theft had occurred in his house. He informed that the door of his house was found open and therefore, for the security purposes, he has put his lock on the door. The details of articles stolen were set out in the written report submitted.

(3.) On the basis of the written report, the police registered the FIR for offence under Section 380 I.P.C. and the investigation commenced.