DEVIDEEN Vs. STATE OF M P

JUDGEMENT

(1.) Chief Judicial Magistrate, First Class, Chhatarpur in Misc. Cr. Case No. 1324 of 1981 by a judgment dated 10.11.1982 convicted the applicant under section 392 Indian Penal Code and sentenced him to R.T. for one year. Against that conviction and sentence this applicant preferred Criminal Appeal No. 71 of 1982 before the Sessions Judge, Chhatarpur who by his judgment dated 23.6.1983 set aside the conviction under section 392 Indian Penal Code and instead convicted him under section 411 Indian Penal Code.

(2.) Hence the applicant has filed the present revision. From the judgment of the learned Sessions Judge it appears that the other co-accused Fulwa had not preferred any appeal against his conviction and sentence recorded by the Chief Judicial Magistrate. This case had been listed for admission. On that day Shri A. Usmani who had appeared for the applicant contended that the only question which he seeks to raise in this revision would be that of the sentence. According to him the applicant has in all undergone about 5 months sentence prior to his release in pursuance of the order dated 11.7.1983 which period includes even the period of his being in custody, which he is entitled to set off under section 428 Criminal Procedure Code. In view of this the revision was admitted. The learned Govt. Advocate was also heard.

(3.) The prosecution case briefly stated is that on or about 2.4.1981 Munia (P.W. 1) was returning from the village Budrak along with Mst Mallibai to her own village. On the way near Khariyahar two culprits way laid them and robbed them of the ornaments. A report about this incident was lodged in the Police Station and during investigation the applicant and another accused were arrested.