KOLESHAR Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri U. K. Mishra, learned counsel for the revisionists, learned A.G.A. and perused the record.

(2.) This revision by two accused Koleshar and Shivchan is directed against the judgment and order dated 19-9-1986 passed by Additional Sessions Judge. Azamgarh in Criminal Appeal No. 130 of 1984 whereby he confirmed the conviction of the appellants under Section 380 I.P.C. and each of them was sentenced to suffer rigorous imprisonment for a period of six months. It is noteworthy that learned Magistrate had sentenced each of the appellants to undergo rigorous imprisonment for a period of one year.

(3.) In brief the prosecution came to the Court with the allegation that in the night intervening 27th/28th December, 1981 at about 1-30 a.m. the revisionists along with others committed theft in the house of Raj Kumar and Koleshar, one of the revisionists was apprehended by the informant and others on the spot along with stolen articles. Moreover, Koleshar was seen by the witnesses handing over the articles kept on the box to his associates including Shivchan.