GHANSHYAM KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Lakhan Chandra Roy, learned counsel appearing for the petitioner and Mr. Rakesh Ranjan, learned counsel appearing for the State.

(2.) This criminal revision petition has been preferred under Ss. 438 and 442 of the Bharatiya Nagrik Suraksha Sanhita, 2023 challenging the judgment dtd. 28/1/2025 passed by the learned Additional Sessions Judge-II, Deoghar in Criminal Appeal No.19/2024 by which the learned Court has been pleased to dismiss the appeal preferred by the petitioner against the judgment dtd. 13/2/2024 passed by the learned Judicial Magistrate, 1st Class, Deoghar. The prayer is also made to set-aside the judgment dated 13.2024 passed by the learned Judicial Magistrate, 1st Class, Deoghar arising out of Rikhiya P.S. Case No.160/2020, corresponding to G.R. Case No.1319/2021, whereby, the learned Court has been pleased to acquit the accused person/opposite party no.2 for the offence under Ss. 380, 411 and 457 of the Indian Penal Code.

(3.) The petitioner/informant instituted the FIR being Rikhiya P.S. Case No.160/2020 against the unknown person for the offence under Ss. 380, 411 and 457 of the Indian Penal Code alleging therein that he had gone to Munger for Chhath Puja and he got information in the morning of 20/11/2020 that someone has committed theft in his house in the night of 19/11/2020. The petitioner used to live as a tenant in the house of Harish Prasad Singh. When the petitioner reached his house, he saw that someone has broken the lock of his house and almirah, which was kept inside the room and has stolen various articles like ornaments, earrings (five pair), rings (five pieces), gold necklace (two pieces), gold chain (two pieces), gold bangles (two pair), mangalsutra, one nose ring, one maang tikka, bracelet, two lockets, which amounted to a total of Rs.8,10,000.00 and cash worth Rs.3,75,000.00.