MALIA Vs. STATE OF M.P.

JUDGEMENT

(1.) PETITIIONER Malia has filed this revision petition against his conviction for an offence under section 380, IPC and sentence of R.I. for 2 years and fine of Rs. 500/ - (in default 6 months R.I.) recorded by the Judicial Magistrate First Class, Panna in Criminal Original Case No. 37/90 through judgment dated 12.8.1991 affirmed in appeal by the Additional Sessions Judge, Panna in Criminal Appeal No. 51/91 vide judgment dt. 14.12.92.

(2.) THE petitioner was tried on the allegation that on 6.1 Ui9 he committed theft in the house of complainant Sonelal in village Saleha and took away cash amount of Rs. 1200/ - and some silver ornaments. During the course of investigation on the information of the petitioner, the stolen ornaments were recorved. In the test identification proceeding these ornaments were identified by PW -l Sondal as the same which were taken away in the theft which took place in his house. The trial Court convicted the petitioner relying upon the evidence led by the prosecution to prove seizure of the stolen ornaments on the information of the petitioner and the evidence of indentification of these ornaments. In appeal the learned Additional Sessions Judge considered all the submissions of the petitioner/accused and after appreciating the same in the light of the evidence and material .on record affirmed the findings of the trial Court and also the conviction under section 380, IPC and sentences of 2 years R.I. and fine of Rs. 500/ -. Hence this. revision. Shri S.L. Kochar, learned counsel for the petitioner though initially submitted that in the test identification memo there is no dale; in the test identification Parade sufficient number of articles were not fixed; prior to test identification parade, the articles were shown to Sanelal PW -1; but ultimately realising that all the above submission relate to facts of the case and the present proceedings being in exercise of revisional jurisdiction, confined his submission to the nature of the offence and the quantum of sentence.

(3.) IN the result this revision petition is allowed in part. The conviction of the petitioner and sentences of 2 years R.I. and fine of Rs. 500/ - under section 380 IPC is set aside. Instead he is convicted under section 411 IPC and sentenced to the period already undergone by him, which is about one month, and to pay a fine of Rs. 500/ - and in default or fine he shall undergo 6 months R.I. The petitioner shall deposit the amount of fine in the trial Court within 2 months from today if not already deposited.