PRADEEP KUMAR SAH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This revision application is directed against the judgment of acquittal dtd. 20/2/2003 passed by learned Judicial Magistrate, 1st Class, Deoghar; in G.R. No.292 of 1999/T.R. No.1302 of 2002; whereby O.P. Nos. 2 and 3 have been acquitted for the offence under Sec. 457/380 IPC leveled against them.

(3.) The prosecution case in short is that on the basis of written report submitted by the petitioner wherein it is alleged that that on 22/8/1999 he was sleeping in his sasural and while his wife was coming down from the stairs, she saw Lakhan Mahato-O.P.No.2 and Ramu Mahato O.P.No.3 who have entered inside the room after opening the lock. Thereafter, wife of informant raised noise (halla) that thieves, namely, Lakhan Mahato-O.P.No.2 and Ramu Mahato O.P.No.3 have entered into the room. Thereafter other inmates of the house got up and started chasing the thieves but they were not found at their home. It is further alleged that they have stolen some article like gold ornaments, watch, radios and cash Rs.1500.00. On the basis of aforesaid written report, Mohanpur P.S. Case No.73/99 for the offence u/S 457, 380 IPC was registered against the accused persons and after investigation police submitted charge-sheet for the aforesaid Sec. . Accordingly, charges were framed against the O.P.Nos.2 and 3 for which they pleaded not guilty and claimed to be tried and finally they have been acquitted by the trial court.