VINOD PRASAD, J. - (1.) THIS revision has been filed by the sole revisionist Lala, challenging impugned judgment and order of conviction dated 10.2.2011 passed by Additional Session's Judge, Court No. 2, Banda in Criminal Appeal No. 27 of 2010, Lala v. State of U.P., by which impugned judgment, lower Appellate Court has affirmed revisionist conviction under sections 380 and 457 IPC and imposed sentences of 3 years R.I. on both the counts with fine of Rs. 500/- and Rs. 5000/-, respectively, for those offences, imposed by Judicial Magistrate, Atarra, district Banda in Case No. 677/IX/2001, State v. Lala, relating to Crime No. 170 of 1991, P.S. Atarra, District Banda.
(2.) STATED briefly, charge against the appellant, as was levelled by the prosecution, through informant Band- han son of Jugiva, scribed in the written FIR, Ex. Kal,were that the appellant along with his one another associate committed theft in informant's house of silver ornaments-100 grams of sliver anklet and 100 grams of sliver dant bandhan and cash amount of Rs. 1300/-, on 23.5.1991, after scaling wall of his house and jumping into enclosed courtyard (aagan), and trespassing into the house, after midnight, when informant's wife Sumitra, daughter Phoola, Kashkali, Budhia, son Ramdeen, daughter-in-law Dasia with two other villagers were sleeping. Informant's wife Sumitra woke up during the incident and raised hue and cry and she caught the revisionist accused, but he dragged her to the entrance door, where revisionist kicked her and made his escape good. Initially informant Bandhana's FIR was not registered, but after orders passed by the District Magistrate the same was registered on 11.6.1991 at 4.40 p.m. Investigation into the crime was conducted by PW5 S.I. RP, and final outcome of the same culminated in submission of a charge-sheet, Ex. Ka 4, against the accused revisionist. Learned Magistrate summoned the revisionist on the basis of Ex. Ka 4 to stand trial for charge-sheeted offences under section 380/457 IPC and tried him for those charges. In the trial, prosecution in it's effort to establish accused guilt and bring home the charges, examined informant Bandhan P.W.1, his wife Smt Sumitra P.W.2, Ramdeen P.W.3, Smt. Phoola P.W.4 and I.O. S.I. R.P. P.W.5. Besides oral evidences of these witnesses, prosecution also relied upon documentary evidences of written F.I.R. Ext. Ka-1, site plan Ext. Ka-2, recovery memo regarding search Ext. Ka-3 and charge-sheet Ext. Ka-4.
(3.) LEARNED trial Magistrate/Judicial Magistrate, Atarra, District Banda, after looking into the prosecution evidences, both oral and documentary, and considering the defence of the accused held that the charges were successfully anointed against the revisionist and therefore, convicted him for both the charges, under sections 380 and 457 IPC. For the former charge 3 years R.I. with fine of Rs. 500/- and in default thereof to undergo 15 days additional imprisonment and for the second charge 3 years R.I. with Rs. 5000/- fine with three months of default sentence was imposed by the learned trial Magistrate, who had further directed that both the sentences shall run concurrently by his impugned judgment and order dated 30.4.2010. Revisionist unsuccessfully challenged his conviction and sentence in Criminal Appeal No. 27 of 2010, before Session's Judge, Banda, as his appeal was dismissed by Additional Session's Judge, Court No. 2, vide impugned judgment and order dated 10.2.2011 and as a follow-up action revisionist surrendered on 15.2.2011 and is now incarcerated in jail.;