(1.) Heard the submission of Sri Dharmesh D.K.Jaiswal, learned counsel for the revision petitioner as well as the learned Assistant Public Prosecutor who is representing the respondent-State.
(2.) Challenge in this revision case is the judgment that is rendered by the Court of IV Additional District and Sessions Judge (Fast Track Court-III), Sathupally in Crl.A.No.43 of 2020, dtd. 15/2/2021.
(3.) The crux of the case as could be perceived through the contents of the charge sheet is that PW1 is the resident of Siddaram and is a businessman. On 6/7/2019, he closed his shop, returned home and kept a small bag containing Rs.95,000.00 in the cupboard of the bed room which is located at the upstairs portion of his house and slept. At about 1:00AM on 7/7/2019, PW1 and his wife heard some sound and on that, they woke up and found one person running in the dark. They also found the grill of the window opened. On that, they raised cries. The brother of PW1, who was at the ground floor, approached them. They all found missing of Rs.95,000.00. It is the accused who entered into the house by removing the screws of the window grill and committed theft of the said amount. During the course of investigation, the accused was arrested and a sum of Rs.25,000.00 was recovered from him.