(1.) THIS revision petition has been directed against the judgment of conviction and order of sentence dated 10-2-94, passed by Judicial Magistrate, First Class, Panna, in Criminal Case No. 34/1993, convicting the applicant under Section 379 of the IPC and thereby sentencing him to suffer six months' R. I. and fine of Rs. 500/- in default one month's further R. I. The order has been confirmed in appeal being preferred by the applicant before the Sessions Judge, Panna in Criminal Appeal No. 21/1994, decided on 10-9-1995.
(2.) THE facts shorn of unnecessary detail, lie in a narrow compass that N. K. Nahar (P. W. 5), who is the investigating officer, received information that the applicant/accused is selling the stolen diamonds, on the basis of this information, Shri Nahar proceeded the place and found that the accused/applicant, in front of the shop of Daya Chanda Jain, was standing. It is said that the search of the applicant was taken and in the said search he produced three diamonds worth Rs. 500/-, 2,000/- and 500/- respectively. The applicant was taken in the custody and after investigation, the proseuction filed challan before the Competent Court. The applicant was charged of the offence punishable under Section 379 of the IPC, which he abjured and pleaded complete innocence and maladroit implication.
(3.) IN order to bring home the charge, the proseuction examined as many as six witnesses and placed the documents on record.