SATTAR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard the parties.

(2.) This application is directed against the judgment dated 13.12.2005, passed by the learned District & Sessions Judge, Latehar in Cri. Appeal No. 38 of 2005, whereby and whereunder judgment and order of conviction and sentence passed by the learned Judicial Magistrate, Latehar in G.R. Case No. 281 of 2002, by which the petitioner had been convicted for the offence under section 411 of the Indian Penal Code and sentenced to undergo R.I. for two years has been affirmed.

(3.) The prosecution story in brief is that on 2.8.2002 at about 12.35 p.m., informant had gone inside Jama Masjid situated in Ambakothi, Latehar for offering Friday Namaj. It is alleged that a blue coloured T.V.S. Suzuki Motorcycle bearing registration No. BR15-7588, which was parked outside the Masjid, was found missing when the informant had come out after offering his prayers. Based on the aforesaid allegations, Latehar P.S. Case No. 75 of 2002 was instituted for the offence under sections 379/411 of the Indian Penal Code. Investigation resulted in submission of charge-sheet and after cognizance was taken and after charge was framed, trial proceeded. In course of trial, ten witnesses were examined on behalf of the prosecution.