BEHARI Vs. STATE OF U P

JUDGEMENT

(1.) THIS revision was admitted on the question of sentence.

(2.) THE applicant was charged for an offence under Secs. 454 and 380 IPG and sentenced to rigorous imprisonment for four months. THE case of the prosecution was that on 6-4-73 the applicant entered the house of one Lekhraj when no body was inside the house. When the family of Lekhraj returned they found the applicant collecting utensils for taking them away. As the door was locked from outside and it was opened the applicant was guilty of an offence under Section 454 I.P.G and as he had already collected the utensils for committing the theft he was liable to be punished under Sec. 380 I P.G. read with Sec. 511, I.P.G.