BITTU MAHATO Vs. STATE OF BIHAR

JUDGEMENT

(1.) This revision application filed under Sections 397 and 401 of the Indian Penal Code is directed against the Judgment and order dated 29.4.2016 passed by the learned Sessions Judge, Muzaffarpur, in Cr. Appeal No. 76 of 2015 whereby the Judgment and order of conviction dated 28.7.2015 passed by the learned Judicial Magistrate, 1st Class, Muzaffarpur, in connection with Ahiyapur P.S. Case No. 762 of 2014, corresponding to G.R. No. 6440 of 2014, Trial No. 119 of 2015 has been affirmed by the aforesaid Judgment and order of conviction dated 28.7.2015. The learned Magistrate has convicted the petitioner under Section 379 of the Indian Penal Code and sentenced him to undergo simple imprisonment for two years.

(2.) The First Information Report was registered on the basis of oral statement of one Santosh Kumar as Ahiyapur P.S. Case No. 762 of 2014 under Sections 379 and 414 of the Indian Penal Code. In his oral statement, the said Santosh Kumar has stated that on 26th December, 2014 at about 6:45 P.M. he was returned home from Kejriwal Hospital by his motorcycle bearing registration No. BR06-AA-2977, Chassis No. MBLHAI0EWCGA, Engine No. JA1OEDCGA 47273 and parked the same in front of his home's main gate and went inside. When he came outside after some time, he found his motorcycle missing. He searched it in his surroundings but could not locate it. Thereafter, he borrowed a bike from his neighbour and went towards Mithanpura in search of his motorcycle. There he saw that a person riding on his motorcycle. He started shouting loudly 'chor-chor'. The villagers chased that person and caught hold of him along with the bike. On information, the Police reached there and took away the apprehended person as well as the bike with it to the Police Station. On completion of investigation, the Police submitted charge sheet against the petitioner under Sections 379 and 411 of the Indian Penal Code.

(3.) On perusal of the materials collected during investigation and the Police report submitted under section 173(2) of the Cr. P.C., the Magistrate took cognizance of the offence and charges were framed against the petitioner under Sections 379 and 411 of the Indian Penal Code. The petitioner denied the charges and claimed to be tried.