LALLOO Vs. STATE

JUDGEMENT

(1.) THIS revision arises out of the order of conviction and sentence, passed by the two lower courts, convicting and sentencing the revi sionist to six months R. I. under Section 411,i. P, C.

(2.) THE prosecution case, briefly stated, has been that on 20-3-1984 at about 10. 00 a. m. in village Mohammad Daud, within the circle of police station Mawai, district Barabanki some ornaments of the complainant Purdil were stolen from his house. THE first information report was lodged on the same day at 9. 30 p. m. THE stolen articles were recovered on 21-3-1984 at 6. 30 a. m. from the house of the revisionist. THE charge-sheet was submitted, and after trial he was convicted and sentenced by the trial court by means of an order dated 10-3-87 to six months' R. I. under Section 411, I. P. C. He filed Criminal Appeal No. 19 of 1987 which was dismissed on 20-7-87.

(3.) THE revision is partly allowed on point of sentence to the extent that the conviction of the revisionist under Section 411, I. P. C. is confirmed, but the sentence of imprisonment is reduced to the period already undergone by him, instead of six months.