- (1.) HEARD learned counsel for the accused-petitioners as well as learned Public Prosecutor appearing on behalf of the respondent-State .
(2.) THIS revision petition under Section 397 read with Section 401 Cr.P.C. has been filed against the judgment and order dated 29.07.2011 passed by Additional Sessions Judge, Behror, District Alwar(hereinafter referred to as 'the Appellate Court') in Criminal Appeal No. 7/2011, whereby the Appellate Court dismissed the appeal filed by the accused-petitioners and upheld the judgment of conviction and order of sentence dated 21.10.2010 passed by learned Additional Chief Judicial Magistrate, Behror, District Alwar(hereinafter referred to as 'the Trial Court') against the accused-petitioners in Criminal Case No. 679/2010, whereby, the learned Trial Court convicted and sentenced each of the accused-petitioners under Section 392 IPC to undergo six years rigorous imprisonment and a fine of Rs. 10,000/- each, in default of payment of fine to further undergo one year's rigorous imprisonment. The concise facts of the case are that a written report(Exhibit P-1) was submitted by the complainant Vijay Kumar Sharma with regard to an incident which occurred on 09.06.2010 at Police Station Behror. On the basis of aforesaid report, FIR No. 285/2010(Exhibit P-2) was registered and investigation commenced in the matter. After due investigation, charge-sheet was filed against four accused-persons including the present accused-petitioners under Section 392 IPC. Since accused namely Hardeep and Jaiveer were not present, therefore, proceedings under Section 299 Cr.P.C. were initiated against them. Thereafter, the Trial Court framed charge against the accused-petitioners under Section 392 IPC. Accused-petitioners denied the allegation of commission of aforesaid offence against them, pleaded innocence and claimed trial.
(3.) PROSECUTION supported its case with the aid of 10 witnesses and exhibited 26 documents. In defence no evidence was produced by the accused-petitioners. Statements of accused petitioners were recorded under Section 313 Cr.P.C., wherein they refused the prosecution allegations and pleaded innocence stating that they have been falsely implicated in this case.;