TEJ NARAIN Vs. STATE

JUDGEMENT

(1.) TEJ Narain, applicant, was convicted under Section 411 IPC and sentenced to nine months rigorous imprisonment by the learned Judicial Magistrate, Kanpur. He preferred an appeal. The learned Sessions Judge dismissed his appeal and maintained his conviction. He, however, reduced the sentence to three months R. I. Against this judgment of the learned Sessions Judge TEJ Narain has filed this application for revision.

(2.) I have heard learned counsel for the parties and I am of the opinion that this revision application has to be allowed.

(3.) IT must, therefore, be held, that the prosecution has failed to prove that the Balti was recovered in consequence of information given by the applicant.