JUDGMENT :

1. Instant revision petition under Section 397/401 Cr.P.C. has been filed by the petitioner challenging the judgment dated 30.11.2002 passed by learned Additional Sessions Judge (Fast Track), Rajsamand in Criminal Appeal No.128/2002 by which the appellate court dismissed the appeal of the petitioner and upheld the judgment dated 05.09.2001 passed by the learned Judicial Magistrate (First Class), Kumbhalgarh in Cr. Case No.358/1999, whereby, the learned trial court convicted the petitioner for offence under Section 411 IPC and sentenced him to undergo two years’ R.I. and imposed a fine of Rs.1,000/- and in default of payment of fine, to further undergo one month’s R.I.

2. Brief facts of the case are that on 25.06.1999, complainant Tarachand Soni lodged a report at PS Charbhuja to the effect that some unknown persons committed theft of gold and silver articles from his jewellery shop situated at Gomati Chauraha. On this report, Police registered a case under Sections 457 & 380 IPC. Initially, Police filed the final report but later on case was reopened on 26.08.1999 and accused persons namely Udai Singh, Gulab Singh, Nathu Singh & Laxman Singh were arrested by the Police. Su