QUDDUS Vs. STATE

JUDGEMENT

(1.) This revision by Quddus, applicant is directed against the judgment dated 23-11-1982 passed by Sri P. Dayal. Sessions Judge, Shahjahanpur in Criminal Appeal No. 288 of 1982, whereby the conviction of the applicant under Section 457/380 IPC recorded by Judicial Magistrate, Tilhar vide judgment dated 27-7-82 was maintained but the sentence was reduced from two years R.I. to one year's R.I. on each count.

(2.) The accused-applicant along with two others was tried for offences under Sections 457/380 IPC on the allegations that on the night between 29/ 30/05/1979, in Mohalla Bangash, within the circle of Police Station Kotwali, Shahjahanpur, he along with his companions tresspassed into the house of Nabbu Khan, complainant and committed theft of house hold property. The stolen property was recovered from his possession including some shirts, bush-shirts, salwar, jumpers, towel and other clothes, totalling nine in all.

(3.) The prosecution examined as many as two witnesses. The applicant denied the allegation. The learned trial Magistrate believing the prosecution version and disbelieving that of the accused, held him guilty under Section 457/380 IPC convicted him thereunder and sentenced to undergo R. I. of two years on each count. The applicant preferred an appeal which was heard by the learned Sessions Judge, who vide his judgment dated 23-11-1982 maintained the conviction and reduced the sentence from two years' R.I. to one year's R.I. on each count. The sentences were directed to run concurrently, hence this revision.