JAGDISH RAM Vs. STATE OF BIHAR

JUDGEMENT

(1.) The revision is directed against the judgment, dated 5-3-86, passed by the Sessions Judge, Palamu, in Cr. Appeal No. 40/85, whereby and where under he has sentenced the petitioner to undergo rigorous imprisonment for one month, although the petitioner who was convicted by the trial court, for that offence but was let off on probation on execution of a bond of Rs. 2,000.00 under Sec. 360 of the Code of Criminal Procedure with certain conditions for a period of two years, by the judgment, dated 22-3-85 passed by the Judicial Magistrate 1st Class, Palamau.

(2.) It appears that the petitioner was a driver of a Jeep Bearing No. B.R.O. 2726. It is alleged that on 23-4-81, this petitioner who was the driver of the Jeep, instead of going to Daltanganj had taken away the Jeep to Patna from Parwa More, and thereafter a case under Sec. 409 I.P.C. was lodged against him, and he was put on trial

(3.) During the course of trial four witnesses were examined. The accused has not examined any witness. On conclusion of the trial court convicted him as indicated above Against the judgment of the trial court an appeal was preferred which was dismissed and the sentence was enhanced. Against these two judgments, this revision has been preferred.