Rongon Mukhopadhyay, J. - (1.) No one appears on behalf the petitioner. However Mr. Asif Khan, learned A.P.P. for the State is present. Since this matter is pending since 2002 the same is being disposed of based on the material available on record.
(2.) In this application the petitioner has challenged the judgment dated 08.05.2002 passed in Cri. Appeal No. 25 of 1991 by the learned VIIth Additional Sessions Judge, Hazaribagh, whereby and whereunder the judgment and order of conviction and sentence dated 28.01.1991 passed by the learned Judicial Magistrate, 1st Class, Hazaribag in G.R. Case No. 2113 of 1989 convicting the petitioner for the offences punishable u/Ss. 457 and 380 of the Indian Penal Code and sentencing him to undergo R.I. for two years u/S. 457 of the I.P.C. and R.I. for one year and six months for the offence punishable u/S. 380 of the I.P.C. has been affirmed.
(3.) A First Information Report was instituted on the fardbeyan of P.W. 2 (Informant) on the allegation that in the night of 28/29.10.1989 while the informant was sleeping in his house he heard some sound and on waking up he saw some persons present in his house. Alarm was raised by the informant at which the culprits fled away but with the help of the villagers one of the miscreant was apprehended who disclosed the name of the petitioner.;