NARU @ NARIYA @ NARAYAN 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 27.07.2016 passed by learned Addl. Sessions Judge, Nathdwara, District Rajsamand (for short 'the appellate court') in Criminal Appeal No. 9/2016 whereby, the learned appellate Court partly allowed the appeal filed by the petitioner and acquitted him for offence under Section 392 IPC but maintained the conviction and sentence recorded under Section 457 IPC by the learned Additional Chief Judicial Magistrate, Nathdwara, District Rajsamand vide judement dated 15.01.2016 in Criminal Case No. 801/2014. For offence under Section 457 IPC, the learned trial court awarded sentence of four years R.I. with fine of Rs. 500/- and in default of payment of fine, ordered to further undergo one month simple imprisonment.

(2.) Briefly stated, the prosecution case as set up is that on 09.09.2014 the complainant Magannath lodged a written report to the SHO, P.S. Nathdwara alleging therein that in the midnight when he and Mitthainath were sleeping in the Ashram, three persons entered in the Ashram. After threatening Mitthainath, they took his watch and Rs. 500-700. On hearing the hue and cry, the complainant woke up. Then these three persons also entered in the complainant's room and snatched his mobile, gold ring, silver ornaments and also Rs. 5,700/-. He further alleged that they also took other articles from the Ashram and thereafter ran away.

(3.) On the basis of the above report, police registered a case for offence under Sections 458, 380 IPC. On completion of investigation, a charge-sheet was filed against the accusedpetitioner and other co-accused for the offences under Sections 458, 392, 394, 401, 427 IPC. Thereafter, charges of the case were framed against the accused persons who denied the charges and claimed trial.