ORDER :

Anubha Rawat Choudhary, J.

Heard Mr. Saurav Kumar Singh, learned counsel appearing on behalf of the petitioner.

2. Heard Mr. Sanjay Kumar Srivastava, learned counsel appearing on behalf of the opposite party-State.

3. This criminal revision application has been filed against judgment dated 27.08.2013 passed by learned Sessions Judge, West Singhbhum at Chaibasa in Criminal Appeal No.72 of 2013 whereby he has dismissed the appeal filed by the petitioner and upheld the judgment of conviction and order of sentence dated 05.07.2013 passed by learned Judicial Magistrate, 1st Class at Chaibasa in G.R. Case No.553 of 2010 arising out of Muffasil P.S Case No.112 of 2010 so far it relates to conviction under Section 420 of Indian Penal Code.

4. The petitioner was the sole accused, who was charged for offence under Sections 323/406/420 and 452 of Indian Penal Code and upon trial, was found guilty of offence under Sections 406/420 and 323 of Indian Penal Code read with Section 34 of Indian Penal Code. The petitioner was acquitted for alleged offence under Section 452 of Indian Penal Code.

5. The learned appellate court acquitted the petitioner for offence under Sections 406 and 323 of IPC bu