ASIT NITIN TIRKEY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This Criminal Revision No. 977 of 2017 has been filed on behalf of the petitioner challenging the judgment dtd. 20/12/2016 passed in Criminal Appeal No. 37/2015 by Learned Additional Sessions Judge, Simdega whereby learned Additional Sessions Judge, Simdega has dismissed the Appeal and has affirmed the judgement of conviction and order of sentence dtd. 22/7/2015 passed by Sri Satyapal, Chief Judicial Magistrate, Simdega in connection with Simdega P. S. Case No. 163 of 2013 corresponding to G. R. No. 552 of 2013 (T.R. No. 177 of 2015) by which the petitioner has been convicted for the offence under Sec. 411 of the Indian Penal Code and has been sentenced to undergo S. I. for a period of three (3) years for the offence under Sec. 411 of the Indian Penal Code.

(2.) The prosecution case, in brief, is that the Informant, Manohar Prasad, lodged F.I.R. in Simdega Police station on 29/11/2013 alleging that his son Sandeep Prasad was running a shop of mobile shop in front of his house and on 28/11/2013 at about 07:00 o'clock at evening his son had closed the shop and came inside the house but in that course at about 07:30 o'clock three miscreants armed with Gun, rifle and Bhujali entered into the house after jumping over the boundary wall. It is further alleged by the informant that the accused persons had demanded the key of his shop and thereafter after breaking the lock, the miscreants had entered into his shop and took away 35 pieces of new Mobile Sets, one laptop of Dell company, one Nikon Camera and Rs.3,500.00 Cash kept in the shop. Thereafter miscreants fled away on the Motorcycle. The Informant has given description of mobile phone and the accused persons.

(3.) Heard Mr. Gaurav, learned counsel appearing on behalf of the petitioner and Mr. Santosh Kumar Tiwary, learned counsel for the State.