HEM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard the learned Counsel for the petitioner and the learned Public Prosecutor and perused the record of the case.

(2.) This criminal revision petition has been filed against the judgment dated 7th January, 1987 passed by the learned Sessions Judge, Merta in Criminal Appeal No. 30/82 affirming the conviction and sentence passed by the learned Munsif and Judicial Magistrate, Ist Class in Criminal Case No. 4/79 whereby the accused-petitioner was convicted u/S. 409, IPC and was sentenced to rigorous imprisonment for two years and a fine of Rs. 500/- and to undergo further simple imprisonment for six months for default in payment of fine.

(3.) On the basis of the report submitted by the police u/S. 173, Cr. P.C., the learned Judicial Magistrate, Ist Class took cognizance of the offence u/S. 409, IPC. Charge u/S. 409, IPC was framed against the accused-petitioner. He pleaded not guilty to the charge.