BOCHA KRISHNA RAO Vs. STATE

JUDGEMENT

(1.) THIS is a revision petition against the appellate judgment of the Sessions Judge of Jeypore maintaining the conviction of the petitioners under Section 379 I. P. C. and the sentence of three months rigorous imprisonment and fine of Rs. 50/ - passed by the First Class Magistrate of Rayaghada.

(2.) THE charge against the petitioner was that he committed theft of one gold 'Kasu' on 19 -10 -58 by snatching it away from the neck of the daughter of P. W. 1. a goldsmith of Rayagada town. The guilty removal was said to have been witnessed by two children Pws. 2 and 3 aged 10 and 8 years respectively. Though charge sheet was submitted on 1 -11 -58 for some reason or other the trial did not commence till 4 -3 -59. On that day 4 prosecution witnesses including the two important eye witnesses namely Pws. 2 and

(3.) SUCH a conviction cannot be sustained. I would therefore set aside the conviction and sentence and direct the trying magistrate or his successor -in -office as may be decided by the Sub -divisional Magistrate to rehear the case from the stage at which it was on 7 -4 -59. Steps should be taken to summon P. Ws. 2 and 3 under Section 257 Cr. P. C. for the purpose of cross -examination by the petitioner and then the Magistrate may further examine the accused -petitioner under Section 342 Cr. P. C., give him an opportunity to adduce defence and then dispose of the case according to law. The prosecution will not be permitted to adduce any additional evidence.