(1.) THIS revision has been preferred against the Judgment and order dated 9.3.1990 passed by the Second Additional Sessions Judge, Aligarh in Criminal Appeal No. 145 of 1989 upholding the order of Judicial Magistrate, Hathras, District Aligarh in Criminal Case No. 521 of 1989 convicting and sentencing the revisionist six months R.I. under Section 379 And fine of Rs.500/ - with defaulting clause.
(2.) BRIEF facts are that on 19.7.1986, the complainant Vijai Kumar filed a written report at the police station alleging that his pumping set as well as the pumping set of Kali Charan was robbed by the accused -revisionist in the night 14/15.7.1986. On 20.7.1986, the stealed pumps are said to have been seized by the police at the pointing out of Karwa @ Liakat was recovered from the field of Rajendra Singh situate at Chitawar, Police Station Chandva.
(3.) CHARGES were framed against the accused under Sections 379, 411 I.P.C. The prosecution examined P.W.1 Vijay Kumar, P.W.2 Kali Charan, P.W.3 Mahendra Singh. In the statement under Section 313 Cr.P.C., the accused claimed to be innocent and said that they have been falsely implicated.