Mahesh Chandra Sharma, J. - (1.) - Since these three revision petitions have been filed by the petitioner(s) against the judgment/order dated 18.11.2005 passed by Addl. Sessions Judge (Fast Track) No. 1, Alwar, hence the arguments have been learned together and they are being decided by this common order.
(2.) Brief facts of the case are as under: On 9.7.2003, a complaint was submitted by one Shri Har Govind before the police Station, Shivaji Park, Alwar mentioning therein that on that day when the complainant went to the temple between 5:00 A.M. to 5:15 A.M. for routine worship, he saw the lock of main gate had been broken and theft had been committed. He entered inside the temple and saw that the broken lock was lying near the charity box and the clothes and other things of deity were lying here and there and following things were missing : (i) Statute of Laddu Gopal worth L 270/- (ii) Ornaments of Shri Durga Ji, Radha Ji and Sita Ji and Flute worth L 75/- (iii) Chhatra made of silver worth L 1,000/- (iv) Charity money from charity box L 500/- (Approx.) and some other things as well.
(3.) On the basis of said report, F.I.R. No. 171/2003 was lodged for the offence under Sections 457, 380, 411 I.P.C. and investigation was commenced. After completion of investigation, the police filed the charge-sheet. The Trial Court framed charge against accused Ramesh Chand for the offence under Section 411 I.P.C. and against other accused persons Jagdish, Ratti Ram, Gopal @ Babbu and Baccha for the offence under Sections 457, 380, 411 I.P.C. and the same were read over to them, who denied for the same and claimed for trial. The prosecution produced its witnesses and got exhibited some documents. Thereafter the statement of accused persons were recorded. After hearing the arguments of both the sides, the learned Trial Court, vide judgment and order dated 16.4.2005 convicted the accused persons Baccha, Gopal, Ratti Ram @ Rajesh for the offence under Sections 457 and 380 I.P.C. and convicted co-accused Ramesh Chand for the offence under Section 411 I.P.C. and sentenced them as under: Accused Baccha Meena, Gopal and Ratti Ram @ Rajesh : Under Section 457 I.P.C. : To undergo 3 years' S.I. with a fine of L 1,000/-; in default of payment of fine, to further undergo 15 days' S.I. Under Section 380 I.P.C. : To undergo 3 years' S.I. with a fine of L 1,000/-; in default of payment of fine, to further undergo 15 days' S.I. Accused Ramesh : Convicted for the offence under Section 411 I.P.C. and sentenced to undergo 1 year's S.I. with a fine of L 1,000/-; in default of payment of fine, to further undergo 15 days' S.I.;