SURINDER LAL Vs. STATE DELHI ADMINISTRATION

JUDGEMENT

(1.) This revision petition was filed after petitioner's appeal against conviction under section 380 Indian Penal Code was dismissed by the Additional Sessions Judge, New Delhi by order dated 5th September, 1983.

(2.) The petitioner bad been sent up for trial for an offence under section 380 Indian Penal Code on the allegation that he committed theft of some cash and gold ornaments kept in house no. 37, Kailash Apartment, Lala Lajpat Rai Road, New Delhi on 26th June 1977 belonging to R.L. Bhargava and his family. It was also alleged that some of the ornaments were found on the person of the wife of the accused Sunder Lal.

(3.) The prosecution examined the complainant, his wife as well as investigating officer and although the accused pleaded not guilty and also denied the allegations in the prosecution case, the court on the basis of the evidence and other material on record, held the charge proved against the accused. He was accordingly convicted for the offence under section 380 Indian Penal Code by judgment dated 24th February, 1981 and sentenced to R.I. for one year and to a fine of Rs. IUOO.00 ; the sentence in default of payment of fine being R.I for six months.