[2025:RJ-JP:42210]

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Revision Petition No. 824/2007

1. Mahaveer S/o Nanga, R/o Gangroli P.S. Nadbai, District Bharatpur

2. Jaiprakash S/o Pratap Singh, R/o Naglaloka, P.S. Baledeo, District Mathura (U.P)

----Petitioners Versus

1. State of Rajasthan through P.P

2. Pradhumna Kumar Sharma S/o Om Prakash, P.S. Bayana, Distt. Bharatpur ----Respondent For Petitioner(s) : Mr. B.M. Sharma For Respondent(s) : Mr. Jitendra Singh Rathore, Addl.G.A.

HON'BLE MR. JUSTICE BHUWAN GOYAL

Order

15/10/2025

1. The present revision petition under Section 397 read with Section 401 of the Code of Criminal Procedure has been filed by the accused-petitioners Mahaveer & Anr. against the Judgment and Order dated 26.07.2007 passed by Additional Sessions Judge no. 1, Bayana, Bharatpur (hereinafter referred to as "appellate court") in Criminal Appeal No. 13/99 (Mahaveer & Anr. vs. State of Rajasthan & Anr.) vide which the criminal appeal filed by the accused-petitioners has been dismissed qua conviction as recorded by the Additional Chief Judicial Magistrate No. 1, Bayana, District Bharatpur vide its judgment and order dated 23.01.1999 in Criminal Regular Case no. 12/98 (State of Rajasthan vs. Mahaveer & Anr.) and modified their sentence as mentioned below:-

Accused-Petitioner- Mahaveer Offence Sentence modified by Sentence awarded by the appellate court the trial Court Section 379 to undergo one year's to undergo three years' IPC R.I with fine of Rs. R.I with fine of Rs.

500/-, in default of 5,000/-, in default of payment of fine, to payment of fine, to further undergo 1 further undergo 3 month's imprisonment. months' imprisonment.

Accused-Petitioner- Jaiprakash Offence Sentence modified by Sentence awarded by the appellate court the trial Court Section 411 to undergo one year's to undergo three years' IPC R.I with fine of Rs. R.I with fine of Rs.

500/-, in default of 5,000/-, in default of payment of fine, to payment of fine, to further undergo 1 further undergo 3 month's imprisonment. months' imprisonment.

2. Facts of the case in short are that on 30.09.1997, a written report (Ex.P/5) was submitted by Pradyumna Kumar at Police Station, Bayana, Bharatpur stating that on the same day around 8.00 P.M., he was sitting with his colleague Brijendra Kumar in the house of Jagdish Bansal situated on Morena road, Bayana. He had parked his motorcycle Rajdhoot bearing registration no. R.J 05/1 M- 8562 outside the gate of his house and its handle was locked. When he came out of the house after 15 minutes, he saw that his motorcycle has been stolen by some one else. On the basis of said report, F.I.R. No. 517/97 was registered at Police Station Bayana, District Bharatpur for the offence under Section 379 of I.P.C. and investigation also commenced. During course of the investigation, accused-Mahaveer was arrested and on the basis of information given by him under Section 27 of the Indian Evidence Act, said motor cycle was recovered from the possession of accused- Jai Prakash. After conclusion of investigation, police submitted charge-sheet against accused Mahaveer for the offence under Sections 379 and against Jai Prakash for the offence under Section 411 of IPC. The trial court framed charges against the accused persons for the offence under sections 379 and 411 I.P.C. The accused-petitioners denied the same and claimed for trial. After conclusion of trial, the trial court passed the judgment and order dated 23.01.1999, convicted the accused-petitioner- Mahaveer for the offence under Section 379 IPC but acquitted him for the offence under Section 411 IPC and convicted the accused- petitioner- Jaiprakash for the offence under Section 411 IPC but acquitted him for the offence under Section 379 IPC as indicated above. Aggrieved by judgment of conviction and sentence dated 23.01.1999, accused-persons preferred an appeal before the learned appellate court, which passed the judgment dated 26.07.2007 dismissing the appeal