MATHURA LAL Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) By filing instant criminal revision the petitioner has challenged the order dated 24.7.2008 passed by Addl. Sessions Judge (Fast Track) S. No. 2, Bundi (for short 'the appellate Court') by which it confirmed the order dated 5.6.2008 passed by Addl. Chief Judicial Magistrate, Nainwa (Bundi) (for short 'the trial Court') and convicted the accused petitioner for the offence under Sec. 394 IPC and sentenced to undergo one year rigorous imprisonment and a fine of Rs. 1000/ -. In case of default in payment of fine, the accused petitioner shall further undergo 15 days additional simple imprisonment. Brief facts of the case are that complainant Raja Ram submitted a written report to this effect that he was sleeping at his field. Suddenly he heard a noise. He woke up and he saw that accused persons were taking crop of 'sarson'. Mathuralal (accused petitioner) threw the crop of 'sarson' and stood in from of him. Mathura Lal gave beating on the legs and back. When he cried then Kanhaiyalal and Mangilal came. He further stated that the crops of 'sarson' amounting to Rs. 3,000/ - has been theft.

(2.) The police on the basis of this written report, registered an F.I.R. No. 81/2002 for the offence under Sec. 392, 323, 324, 34 IPC.

(3.) The police after investigation submitted charge -sheet against the accused petitioner for the offence under Ss. 394, 323, 324 IPC.