VIKAS SINGH Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) By Court: No one appears for the petitioner. However, Mr. Shekhar Sinha, learned APP for the State is present. Since this case is pending since the year 2005, the same is being disposed of based on the materials available on record.

(2.) This application is directed against the judgment dated 15.10.2004 passed in Cr. Appeal No. 83 of 2001 by learned Additional Sessions Judge, F.T.C.-II, Chatra, whereby and where under, the judgment of conviction and the order of sentence dated 13.09.2001 passed in G.R. Case No. 233 of 1994 (T.R. No. 61 of 2001) by learned Judicial Magistrate, Chatra, convicting the petitioner for the offence under section 380 and 457 I.P.C. and sentencing him to undergo S.I. for one year on both the counts, has been affirmed.

(3.) The prosecution story in brief is that a theft was committed in the house of the informant. It is alleged that the informant had came to know from his nephew that a theft had been committed in his house and it had further been informed to him that on several times, the petitioner had visited near the house and therefore it was suspected that the petitioner was involved in the theft so committed. Based on the aforesaid allegation, Itkhori P.S. Case No. 32 of 1994 was instituted for the offence punishable under section 457/380 of the I.P.C. After submission of charge-sheet, cognizance was taken and after framing of charges, trial proceeded.