JAGGA RAI Vs. STATE OF U P

JUDGEMENT

(1.) List has been revised. No body is present on behalf of the applicants to press this revision. 3. This revision is directed against the judgment and order dated 29-6-1984 passed by Sri Satish Kumar, II Addl. Sessions Judge, Ballia dismissing appeals No. 21 and 24 of 1984 maintaining the conviction and modifying the sentence of the accused-ap plicants from one year R. I. to till rising of the court and a fine of Rs. 100 each. In default of payment of fine the applicants were ordered to undergo R. I. for one month. 3. The accused-applicants committed a theft of wheat and gram crops at about 3 p. m. on 10-3-1976 from plot No. 1409/5, area 3. 25 acres of Janardan Prasad. On registration of the case, investigation was made against the accused. During the trial the prosecution produced Jogendra and Mahesh Prasad as eye-witnesses of the oc currence and Janardan Prasad was also ex amined to prove the F. I. R. 4. The learned (sic) believed the evidence of the witnesses and held the ac cused-applicants guilty of the offence charged with and convicted and sentenced them to one year R. I. each under Section 379,i. P. C. On appeal the learned Addl. Ses sions Judge affirmed the conviction and taking a lenient view reduced the sentence as stated above. 5. Both the courts below have believed the prosecution witnesses regarding the fact that the accused- applicants had cut away the crops of wheat and gram from the plot of the complainant at the time and date as alleged in the complaint. The courts below, no doubt, found some contradictions in the statements of the witnesses which were due to lapse of time as the witnesses were ex amined after a period of seven years from the date of the incident. The appellate court has already taken the lenient view in award ing the sentence to the accused-applicants. I find no ground for interference with the findings recorded by the courts below. 6. Accordingly the revision is dis missed. The interim order dated 9-7-1984 stands vacated. Revision dismissed. .