BIPIN BIHARI SAHU Vs. STATE OF ORISSA

JUDGEMENT

(1.) This appeal is directed against the order passed by the learned Sessions Judge, Puri affirming the order of conviction and sentence of the petitioner for an offence punishable under S. 379 of the Penal Code ('I.P.C.'for short).

(2.) The prosecution case in brief is that on 18-10-1977 the petitioner committed theft of a bicycle belonging to P. W. 1 which was kept in front of his house. On the same day when the petitioner offered the stolen bicycle for sale to P.W. 8, the latter entertained suspicion, detained the petitioner and informed P.W. 9, Assistant Sub-Inspector of Police at Chandanpur Out Post. P.W. 9 came, seized the bicycle by seizure-list (Ext. 4) and arrested the petitioner, against whom after close of investigation, charge-sheet was submitted for an offence under S. 379 I.P.C.

(3.) The plea of the petitioner was denial of theft of the bicycle. The learned trial Court relied on the evidence of P.Ws. 1, 4, 8 and 9, accepted the prosecution evidence and convicted the petitioner under S. 379 I.P.C. and sentenced him to undergo rigorous imprisonment for six months. On appeal the learned Sessions Judge maintained the conviction and sentence.