JOGINDER NATH Vs. STATE

JUDGEMENT

(1.) THE accused - petitioner was convicted by the trial court under Section 454 read with Sec. 380 R.P.C. and sentenced to rigorous imprisonment of two years for both the offences separately but the sentences we re directed to run concurrently. In appeal, the sentence was reduced from two years to one years RI on each court under the aforesaid two sections of the penal code by the learned Sessions Judge Jammu, vide his order impugned in this revision, petition.

(2.) THE facts of the case are that a FIR was lodged by one Tara Mani m Police Station, Saddar, Jammu on 9. 7. 1977 alleging that in his absence a theft had taken place in his house and all the house - hold goods such as sewing machines, automatic press, transistor, pressure cooker, stove, utensils, wrist watches (ladies and gents), clothingâ„¢s besides, were stolen. It was disclosed by the informant in his statement that the petitioner was living as a tenant in the same house in the month of June, 1977, who was stated to have committed the offence. On 19. 6. 1977 certain goods which had been stolen were recovered at the instance of the accused which were identified by the complainant to; be belonging to him The prosecution examined Lok Nath, wahab Din, Beli Ram, Tara Mani, Ramesh Chander s/o Durga Dass and Ramesh Chander Head Constable and Pritam Singh, S HO. in support of their case. The accused denied the charges and claimed the recovered property as belonging to him. The order impugned is alleged to be contrary to law and against the weight of the evidence.

(3.) I have heard learned counsel for the parties and perused the record.