S. K. Awasthi, J. - (1.)The present applicant is aggrieved by the judgment dated 21.1.2011 pronounced by Additional Judge to the Court of First Additional Sessions Judge, Sheopur (MP) in Criminal Appeal No. 66/2010, whereby the lower appellate Court modified the judgment dated 20.7.2010 pronounced by Chief Judicial Magistrate, Sheopur in Criminal Case No. 1159/2007, and convicted the applicant for the offence punishable under Section 456 IPC in place of Section 457 IPC, and sentenced him to suffer three months RI and fine of Rs.500/- with default stipulation.
(2.)The prosecution story briefly stated is that in the night of between 7-8th October, 2007 when the complainant Deviram returned to his home after watering his field, he saw that the door of his house was open and applicant Dinesh was hiding near the gate and after seeing the complainant, he tried to run away then on the complainant's crying the applicant was caught by the family members of the complainant. The matter was reported to Police Station Sheopur where an FIR bearing Crime No. 355/2007 was registered against the applicant-accused and he was arrested. After investigation, the charge-sheet was filed.
(3.)The trial Court framed the charge against the applicant for the offence under Section 457 IPC. After recording of evidence, the trial court convicted the applicant under Section 457 IPC and sentenced him to undergo one year RI with fine of Rs.500/-. Against which appeal was filed by the applicant before the Additional Sessions Judge, Sheopur, who modified the judgment of trial Court and convicted the applicant under Section 456 of IPC and sentenced him to undergo three months RI and fine of Rs.500/-. In default of payment of fine, additional sentence of fifteen days RI was also directed. Hence, this revision petition.