BILLU AND ANOTHER Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners have filed the instant revision petition challenging judgment dated 11.1.2016 passed by learned Sessions Judge, Narnaul whereby their appeal filed against judgment of conviction dated 3.7.2014 and order of sentence dated 4.7.2014 passed by learned SubDivisional Judicial Magistrate, Mohindergarh was dismissed.

(2.) Briefly stated, the present FIR No.44 dated 14.5.2007 under Sections 457 and 380 IPC was registered against the petitioners-accused, namely, Billu and Shetty @ Kaliya and seven other co-accused, namely, Bangali @ Ram Kumar, Jagdish @ Jagira, Zile Singh, Kirpal Singh son of Gurdayal Singh, Kirpal Singh son of Mam Chand, Madan and Sher Singh at Police Station, Satnali on a complaint presented by Ram Kumar and addressed to SHO Police Station, Satnali. As per the FIR, the complainant is a commission agent. He is running his shop at the Grain Market, Satnali and has opened a godown behind liquor vend on Dadri road. During the intervening night of 12/13.6.2007, some unknown person after breaking open lock of his godown had stolen away 100 bags of foodgrain i.e. "Ganwar". The watchmen of the complainant had tried their best to nab the accused but they succeeded in fleeing away.

(3.) It would be pertinent to mention here that during the trial, remaining seven accused failed to appear before the trial Court and were consequently declared as proclaimed offenders.