- (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. Vide judgment dated 3.7.2014, the petitioners were convicted by the trial Court for committing offence punishable under Sections 457 and 380 IPC. Vide separate order dated 4.7.2014, they were sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs.1,000/- each under Section 457 IPC. They were also sentenced to undergo rigorous imprisonment for one year and to pay fine of Rs.1,000/- each under Section 380 IPC. However, both the substantive sentences were ordered to run concurrently. The fine was paid by both the petitioners before the trial Court.
(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. Investigation in the case was conducted. Report under Section 173 Cr.PC was prepared and presented in the Court. Copies of the report was supplied to the accused free of costs as envisaged under Section 207 Cr.PC. On finding a prima-facie case against the petitioners, charge under Sections 457 and 380 IPC was framed against them to which they did not plead guilty and claimed trial.
(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. In order to prove its case, the prosecution examined as many as twelve witnesses. Thereafter, statements of accused under Section 313 Cr.PC were recorded wherein entire evidence appearing against them on record was put to them. The accused denied the evidence of the prosecution and pleaded their false implication. However, no evidence in defence was led by the accused. Learned Magistrate vide judgment dated 3.7.2014 held the petitioners-accused, namely, Billu and Shetty @ Kala guilty and accordingly convicted him for commission of offence punishable under Sections 457 and 380 IPC and vide separate order dated 4.7.2014, sentenced them to undergo imprisonment as mentioned hereinabove. Aggrieved against the said judgment and order, the petitionersaccused filed an appeal before the Court of Session, but the same was also dismissed by learned Sessions Judge, Narnaul vide judgment dated 11.1.2016. The petitioners-accused were ordered to be taken into custody for undergoing the sentence awarded by the trial Court.;