BIYAS DEVI Vs. STATE

JUDGEMENT

(1.) THIS Criminal Revision is directed against the order of the learned Sessions Judge, Poonch dated 20 -11 -1975 dismissing an appeal filed by the petitioner against the order of the learned Additional District Magistrate, Poonch dated 22 -5 -1975 convicting him for the offence under Section 379 R. P. C., and sentencing him to one year rigorous imprisonment.

(2.) THE petitioner was challenged by the Police Poonch in the Court of Additional District Magistrate, Poonch having stolen a transister. One H. S. Chib, Physical Instructor in the Poonch College was the tenant of the petitioner accused. He had kept his transistor in a looked almirah at the time he left for his duty. On his return at 2 P. M., to have his lunch he found the transistor missing. He lodged a report with the police suspecting the petitioner. The petitioner had that day in the morning asked for some money from him which he could not give him. According to him the thief had come into the room through a ventilator. The police registered a case and at once nabbed the petitioner who happened to be a police constable. He made a disclosure statement and consequently the stolen transistor was recovered from the shop of one Surjit Singh. He had pawned the transistor with him for a sum of Rs. 120/ - against a receipt.

(3.) THE petitioner accused was charged for the offence under Section 380, 454 R.P.C. The learned trial Court consequently convicted him for the offence under Section 379 RPC and sentenced him to one years rigorous imprisonment. An appeal was filed against the said order of conviction and sentence which come to be dismissed by the learned Sessions Judge. Hence the Revision.